



Book 



r 



1909 



COMPILATION 



OF THE 



SCHOOL LAWS 



OF THE 



Territory of New Mexico 



Prepared by 

ACASIO GALLEGOS 

Assistant Superintendent of Public Instruction 

Under the Supervision of 

J. E. CLARK 

Superintendent of Public Instruction 
Santa Fe, New Mexico 



ALBUaUEROUE MORNING JOURNAL 
ALBUQUERQUE. N. M, 



\ 



/ 

1909 



COMPILATION 



OF THE 



SCHOOL LAWS 



OF THE 



Territory of New Mexico 



Prepared by 

ACASIO GALLEGOS 

Assistant Superintendent of Public Instruction 

Under the Supervision of 

J. E. CLARK 

Superintendent of Public Instruction 
Santa Fe, New Mexico 



ALBUQUERQUE MORNING JOURNAL 
ALBUQUERQUE, N. M, 






THIS VOLUME 

IS 

TERRITORIAL PROPERTY 

And is for the use of 

of School District No 

County of Territory of New Mexico. 



School officers on retiring from office are required by law 
to deliver this volume, with all other books and documents of 
an official character, to their successors in office. 



ft. ; 



i 

COMPILATION 



IT. ~ 

OF THE 



School Laws of New Mexico 



A COMPUTATION OF THE SCHOOL LAWS OF THE TERRITORY OE 
NEW MEXICO, INCLUDING THOSE ENACTED BY THE LEGIS- 
LATIVE ASSEMBLY AT ITS THIRTY-EIGHTH SESSION IN 1909. 



ORGANIC ACT. 



CONTENTS. 

Sec. 15. Sections sixteen and thirty-six of each township in the Ter- 
ritory to be reserved for school purposes. 



Sec. 15. "AND BE IT FURTHER ENACTED, That 
when the lands in said territory shall be surveyed under the 
direction of the government of the United States, preparatory 
to bringing the same into market, sections numbered sixteen 
and thirty-six in each township in said territory shall be, and 
the same are hereby reserved for the purpose of being applied 
to schools in said territory, and in the states and territories 
hereafter to be erected out of the same." 



U. S. STATUTES. 



Forty-Ninth Congress, First Session. 



CCCIvXII. 



AN ACT To Provide for the Study oe the Nature oe 
Aecohoeic Drinks and Narcotics and oe their 
EEFECTs UPON The Human System, in connection 
WITH the Several Divisions oe the Subject oe 
Physioeogy and Hygiene, by the pupies in the^ 
PuBEic Schools oe the territories and oe the Dis- 
trict OE Columbia, and in the Military and Naval 
Academies, and Indian and Colored Schools in 
THE Territories oe the United States. 



CONTENTS. 

Sec. 1. Instruction regarding alcoholic drinks and narcotics. 
Sec. 2. School officers to enforce provisions 'of Section 1. 
Sec. 3. Teachers certificates to be not granted' to persons lacking in 
knowledge concerning alcoholic drinks and narcotics. 



Sec. 1. — Special Instruction Regarding Bifects of Alcoholic 
Drinks and Narcotics on Human System, to he Taught in 
Territorial Schools. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress Assembled: 

Sec. 1. That the nature of alcohohc drinks and narcotics, 
and special instruction as to their effects upon the human 
system, in connection with the several .divisions of the subject 
of physiology and hygiene, shall be included in the branches 
of study taught in the common or public schools, and in the 
military and naval schools, and shall 'be studied and taught 
as thoroughly and in the same manner as other like required 
branches are in said schools, by the use of text books in the 
hands of pupils where other brandies are thus studied in said 
schools, and by all the pupils in all said schools throughout the 



Olf tut TERRITORY OF NEW MEXICO 5 

Territories, in the military and naval academies of the United 
States, and in the District of Columbia, and in all Indian and 
colored schools in the territories of the United States. 

Sec. 2. — School Officers to Enforce Provisions of Sec. i., and 
Failing to do so, Shall be Removed from Office. 

That it shall be the duty of the proper officers in control 
of any school described in the foregoing section to enforce the 
provisions of this act; and any such officer, school director, 
committee superintendent, or teacher, who shall refuse or 
neglect to comply with the requirements of this act, or shall 
neglect or fail to make proper provisions for the instruction 
required and in the manner specified by the first section of 
this act, for all the pupils in each and every school under his 
jurisdiction, shall be removed from office, and the vacancy 
filled as in other cases. 

Sec. 3. — Teachers' Certificates to he Refused Persons not Pass- 
ing Satisfactory Bxamination in Physiology^ and Hygiene 
With Special Reference to Systematic Effects of Alcoholic 
Drinks and Narcotics. 

That no certificate shall be granted to any person to teach 
in the public schools of the District of Columbia or Terri- 
tories, after the first day of January, Anno Domini 1888, who 
has not passed a satisfactory examination in physiology and 
hygiene, with special reference to the nature and the effects 
of alcoholic drinks and other narcotics upon the human system. 

Approved May 20, 1886. 



CHAPTER DCCCXVIII. 



CONTENTS. 

Sec. 1. Territorial legislatures shall not pass local or special laws in 

certain cases. 
Sec. 3. Territorial legislatures shall not contract debts in certain 

cases. 
Sec. 4. Territorial counties shall not incur debts aggregating more 

than 4 per cent on the taxable property of the county. 
Sec. 5. Legislative assemblies not to grant private charters. 
United States Revised Statutes. Sec. 1890. Religious corporations not 

to acquire more than $50,000.00 worth of real estate. 
United States Revised Statutes. Sec. 2004. Right of citizens to vote. 



6 COMPUTATION OF THE SCHOOL LAWS 

Territorial Legislatures Shall Not Pass Local or Special Laws 
in Certain Cases. 

"That the legislatures of the territories of the United 
States now or hereafter to be organized shall not pass local or 
special laws in any of the following enumerated cases, that 
is to say: 

* " * * "For the assessment and collection of taxes 
for territorial, county, township, or road purposes." 

* * * "Providing for the management of common 
schools." 

* * * "The opening and conducting of any election 
or designating the place of voting." 

* * * "Remitting fines, penalties or forfeitures." 

* * * "Creating, increasing or decreasing fees, per- 
centage or allowances of public officers during the term of 
which said officers are elected or appointed." 

* * "I* "Granting to any corporation or association 
or individual any special or exclusive privilege, immunity, or 
franchise whatever." 

"In all other cases where a general law can be made appli- 
cable, no special law shall be enacted in any- of the territories of 
the United States by the territorial legislatures thereof." 

Sec. 3. — Territorial Legislatures Shall not Contract Territorial 
Debts Except in Certain Cases Hnumerated. 

That no law of any territorial legislature shall authorize 
any debt to be contracted by or on behalf of such territory 
except in the following cases : To meet a casual deficit in the 
revenues, to pay the interest upon the territorial debt, to 
suppress insurrections, or to provide for the public defense, 
except that in addition to any indebtedness created for such 
purposes, the legislature may authorize a loan for the erection 
of penal, charitable or educational institutions for such ter- 
ritory, if the total indebtedness of the territory is not thereby 
made to exceed one percentum upon the assessed value of the 
taxable property in such territory as shown by the last general 
assessment for taxation. And nothing in this act shall be con- 
strued to prohibit the refunding of any existing indebtedness 
of such territory or any political or municipal corporation, 
county, or other sub-division therein. 



OP THEi TERRITORY OE NDW MEXICO 7 

gee. 4. — Territorial Counties and Other Sub-Divisions Shall 
not Incur Debts Aggregating More than Pour Percentum 
on the Value of Taxable Property of Such Sub-Division. 

That no political or municipal corporation, county, or 
other subdivision in any of the territories of the United States 
shall ever become indebted in any manner or for any purpose 
to any amount in the aggregate, including existing indebted- 
ness, exceeding four percentum on the value of the taxable 
property within such corporation, county, or sub-division, to 
be ascertained by the last assessment for territorial and county 
taxes previous to the incurring of such indebtedness, and all 
bonds or obligations in excess of such amount given by such 
corporation shall be void : That nothing in this act contained 
shall be so construed as to affect the validity of any act of any 
territorial legislature heretofore enacted, or of any obligations 
existing or contracted thereunder, nor to preclude the issuing 
of bonds already contracted for in pursuance of excess pro- 
visions of law ; nor to prevent any territorial legislature from 
legalizing the acts of any county, municipal corporation, or 
sub-division of any territory as to any bonds heretofore issued 
or contracted to be issued. 



Sec. 5. — Legislative Assemblies not to Grant Private Charters, 
but may by General Incorporation Acts Permit Incorpora- 
tion of Colleges, etc. 

That section eighteen hundred and eighty-nine, title twenty- 
three of the Revised Statutes of the United States be amended 
to read as follows : 

The legislative assemblies of the several territories 
shall not grant private charters or special privileges, but they 
may, by general incorporation acts, permit persons to associate 
themselves together as bodies corporate for mining, manufac- 
turing, and other industrial pursuits, and for conducting the 
business of insurance, banks of discount and deposit (but 
not of issue), loan, trust and guarantee associations, and for 
the construction or operation of railroads, wagon roads, irri- 
gating ditches, and the colonization and improvement of lands 
in connection therewith, or for colleges, seminaries, churches, 
libraries, or any other benevolent, charitable or scientific asso- 
ciation. 



8 COMPILATION OF THt SCHOOL LAWS 

U, S, Revised Statutes. — Sec. 1890. Religious or Charitable 
Corporations of Associations in Territories Shall not Ac- 
quire More than Fifty Thousand Dollars Worth of Real 
Estate. 

No corporation or association for religious or charitable 
purposes shall acquire or hold real estate in any territory, dur- 
ing the existence of a territorial government, of a greater 
value than fifty thousand dollars; and all real estate acquired 
or held by such corporation or association contrary hereto 
shall be forfeited and escheat to the United States; but exist- 
ing vested rights in real estate shall not be impaired by the 
provisions of this chapter. 

U. S. Revised Statutes. — Sec. 2004. Citizens Otherwise Quali- 
fied not Barred From Voting at Any Election Because of 
Race, Color or Previous Condition of Servitude. 

All citizens of the United States who are otherwise 
qualified by law to vote at any election by the people in any 
state, territory, district, county, city, parish, township, school 
district, municipality, or other territorial sub-divisions, shall 
be entitled and allowed to vote at all such elections, without 
distinction of race, color or previous condition of servitude : 
any constitution, law, custom, usage, or regulation of any 
state or territory, or by or under its authority, to the contrary 
notwithstanding. 



FIFTY-FIRST CONGRESS. 



CONTENTS. 

Sec. 2275. Sections sixteen and tliirty-six and lieu lands therefor. 
Sec. 2276. (As Amended) Rules for selection of lieu lands. 
Sec. 38. Sections sixteen and thirty-six reserved for the Use of the 
common schools. 



Fifty-First Congress, Sess. II. — Chap. 384, Sec. 2275. Pre- 
emption or Homestead Settlements Made Before Survey on 
Sections Sixteen and Thirty-Six Sub feet to Claims of Their 
Settlers; If Such Sections Reserved for Schools, Lieu 
Lands May Be Granted. Territories Entitled to Lieu 
Lands Where Such^ Sections are Mineral, or Included 
Within Indian, Military or Other Reservation, or Other- 
wise Disposed of by the United States. Proviso. 
Be it enacted * That sections twenty-two hundred and 



0^ rut TERRITORY OF NEW MEXICO 9 

seventy-five and twenty-two hundred and seventy-six of the 
Revised Statutes of the United States be amended to read 
as follows : 

Where settlements with a view to preemption or home- 
stead have been, or shall hereafter be made, before the survey 
of the lands in the field, which are found to have been made 
on sections sixteen or thirty-six, those sections shall be sub- 
ject to the claims of such settlers; and if such sections or 
either of them, have been or shall be granted, reserved, or 
pledged for the use of schools or of colleges in the State or 
Territory in which' they lie, other lands of equal acreage are 
hereby appropriated and granted, and may be selected by said 
State or Territory, in lieu of such as may be thus taken 
by preemption or homestead settlers. And other lands of 
equal acreage are also hereby appropriated and granted, and 
may be selected by said State or Territory where sec- 
tions sixteen or thirty-six are mineral land, or are included 
within an Indian, military, or other reservation, or are other- 
wise disposed of by the United States: Provided, Where 
any state is entitled to said sections sixteen and thirty-six, or 
where said sections are reserved to any Territory, notwith- 
standing the same may be mineral land or embraced within a 
military, Indian, or other reservation, the selection of such 
lands in lieu thereof by said State or Territory shall be a 
waiver of its right to said sections. And other lands of equal 
acreage are also hereby appropriated and granted, and may be 
selected by said State or Territory to compensate deficiencies 
for school purposes, where sections sixteen or thirty-six are 
fractional in quantity, or where one or both are wanting by 
reason of the township being fractional, or from any natural 
cause whatever. And it shall be the duty of the Secretary of 
the Interior, without awaiting the extension of the public 
surveys, to ascertain and determine, by protraction or other- 
wise, the number of townships that will be included within 
such Indian, military or other reservations, and thereupon the 
State or Territory shall be entitled to select indemnity lands to 
the extent of two sections for each of said townships, in lieu of 
sections sixteen and thirty-six therein ; but such selections may 
not be made within the boundaries of said reservations : Pro- 
vided, however, That nothing herein contained shall prevent 
any State or Territory from awaiting the extinguishment of 
any such military, Indian or other reservation and the restora- 
tion of the lands therein embraced to the public domain and 
then taking the sections sixteen and thirty-six in place thereof ; 



10 COMPUTATION Oif THK SCHOOI. I.AWS 

, but nothing in this proviso shall be construed as conferring 
any right not now existing. 

Fifty-First Congress, Sess. //.—Chap. 384, Sec. 2276 (As 
Amended). Rules for Selection of Lieu Lands Where 
School Sections are Unavailable or Deficient. 
That the lands appropriated by the preceding section 
shall be selected from any unappropriated, surveyed public 
lands, not mineral in character, within the State or Territory 
where such losses or deficiencies of school sections occur; and 
where the selections are to compensate for deficiencies of 
school lands in fractional townships, such selections shall be 
made in accordance with the following principles of adjust- 
ment, to-wit : For each township, or fractional township, con- 
taining a greater quantity of land than three-quarters of an 
entire township, one section; for a fractional township, con- 
taining a greater quantity of land than one-half, and not more 
than three-quarters of a township, three-quarters of a section; 
for a fractional township, containing a greater quantity of 
land than one-quarter, and not more than one-half of a town- 
ship, one-half section; and for a fractional township contain- 
ing a greater quantity of land than one entire section, and not 
more than one-quarter of a township, one-quarter section of 
land : Provided, That the States or Territories which are, or 
shall be entitled to both the sixteenth and thirty-sixth sections 
in place, shall have the right to select double the amounts 
named, to compensate for deficiencies of school land in frac- 
tional townships. 

Fifty-First Congress, Sess. II, Chap. 543. — Sec. 38. Sections 
Sixteen and Thirty-Six Reserved for Support of Common 
Schools, Unless Mineral in Character. 

No provision for settlement on or sale of the lands in the 
various agreements hereinbefore mentioned shall apply to 
section sixteen and thirty-six thereon, which lands in the 
States are hereby granted to the State in which they are situ- 
ated, for the support of the common schools of such State 
under the limitations prescribed by law, and such sections in 
the Territories of the United States are reserved from occu- 
pancy, entry, or sale, under any land law of the United States ; 
but this provision shall not apply to mineral land which may be 
disposed of under the laws applicable thereto. 



OF Tut, TERRITORY OF NE^W MEXICO 11 

New Mexico Compiled Laws 1897. 



CONTENTS. 

Sec. 128. Turning cattle loose on range occupied by another. 

Sec. 129. Violation of provisions of preceding section a misdemeanor. 

Fine applied to the School Fund. 
See. 130. Each days' violation of Section 128, a separate cause of 

action. 
Sec. 138. Estray animals; sale of. 
Sec. 176. Estray animals at round-ups to be advertised and sold, 

money going to the School Fund. 



Sec. 128.— Persons, Companies or Corporations Turning Cat- 
tle on Range Occupied by Others, Must Ozvn or Possess on 
Such Range Permanent Living Water, Free and Unfenced, 
Sufficient for Their Needs. 

Whenever any person, company or corporation turns 
loose on any range in this territory, ah-eady occupied or in the 
possession of another or others by virtue of their having com- 
pHed with the provisions of section one hundred and twenty- 
seven, he or they must be the owner or owners of, or must -be 
lawfully entitled to the possession of some other living, per- 
manent water upon such range, sufficient for the proper main- 
tenance of all such additional cattle so turned loose, other than 
that owned by or lawfully possessed, or lawfully in the pos- 
session of any other person, company or corporation that may 
have previously appropriated, stocked, or taken possession of 
such range in accordance with the provisions of this act; and 
such person, company or corporation so turning loose cattle 
upon such range must at all times furnish, supply and main- 
tain upon such range such other permanent living water free 
and unfenced and upon the surface of the ground. 

Sec. 129. — Violation of Provisions of Preceding Section a 
Mis^demeanor. Fines to he Applied to County School Fund. 

Any person, company or corporation violating the pro- 
visions of section one hundred and twenty-eight shall be guilty 
of a misdemeanor and punishable by imprisonment in the 
county jail, wherein the offense was committed, for a period 
not to exceed six months, or by a fine of not less than one 
hundred dollars nor more than one thousand dollars, which 
fine shall be applied to the school fund of the county wherein 



12 COMPUTATION Olf THE SCHOOIv IvAWS 

the offense is committed; and such person, company or cor- 
poration violating such provision as aforesaid shall further 
be liable to any party or parties injured for all damages which 
such party or parties may sustain; the same to be recoverable 
by a civil suit. All fines and costs so assessed and all damages 
which may at any time be awarded shall be and constitute a 
lien upon such herd of cattle. 

Sec. 130. — Each Day's Violation of Provisions of Sec. 128 a 
Separate Cause of Action. 

Each day's violation of the provisions of this act shall be 
and constitute a separate cause of action against any person, 
company or corporation violating the same. 



ROUND-UPS. • 

Sec. 176. — Unclaimed Bstrays at Round-U ps to he Advertised 
and Sold at Bnd of Year, and Proceeds, Less Fees, to he 
Paid Into School Fund. 

Whenever any of the above described animals (strays, 
etc.) have remained under the charge of any person by the 
authority of any justice of the peace for the term of one year 
without any person claiming them, the said justice of the 
peace, after being informed by the person or persons in charge 
of said animals, that the same exist, then and in such case he 
shall, through public notices, fix the day in which said ani- 
mal or animals are to be sold at public auction for cash to the 
highest bidder, by the constable of his precinct, the expenses 
of herding to be paid from the proceeds of such sale as above 
stated, fifty cents to the justice of the peace for each record, 
and twenty-five cents for the order to sell the same and the 
recording of his file, and one dollar to the constable effecting 
such sale ; the surplus of such sale shall be paid into the school 
fund by said constable for the use of the same upon a certified 
list of said justice of the peace. 



BONDS AND WARRANTS. 



(Chap. 42, L. 1897.) 



CONTENTS. 

Sec. 285. Determination of indebtedness, other than bonded. 

Sec. 286. Claimants feeling aggrieved, may appeal to district court. 



or* THS TERRITORY OF NEJW MEXICO 13 

Sec. 287. Filing of statement and bond necessary for appeal. 

Sec. 288. Other steps required of claimant. 

Sec. 289. District Attorneys to represent County Commissioners and 

other bodies or boards not provided with counsel. 
Sec. 2 90. Issue of claimant bonds in lieu of execution. 

Persons proving claims entitled to coupon bonds therefor. 
Bonds to bear 6 per cent interest from date of issue. 
Form of bonds and coupons, how signed and attested. 
How bonds are registered and recorded. 
County Commissioners to levy tax to pay annual interest. 
County Commissioners to levy tax for sinking fund. 
Funds remaining after payment of bonded indebtedness to 
be transferred to respective expense funds. 
Sec. 298. Payment of bonds and interest when due. 
Sec. 299. Unlawful to contract debts which cannot be paid from 

money actually collected during that year. 
Sec. 300. Reduction of fees and salaries of officers. 
Sec. 301. Officers and creditors to be paid pro rata. 
Sec. 302. Void indebtedness of Sec. 299 to remain valid. 
Sec. 303. Payment of claimants. 
Sec. 304. Current year to begin January first, except that of boards 

of education, which shall begin September first. 
Sec. 305. Funds for next current year and for current year. 
Sec. 306. No bonds to be issued after first Monday in August, 1897, 
except in case of appeal and judgment rendered. 



Sec. 


291. 


Sec. 


292. 


Sec. 


293. 


Sec. 


294. 


Sec. 


295. 


Sec. 


296. 


Sec. 


297. 



Sec. 285. — County Commissioners, Boards of Education, Mu- 
nicipal Officials and District School Directors to Determine 
Indebtedness of Respective Jurisdictions, Other Than 
Bonded. Method of Procedure. 

That after the passage of this act, it shall be the duty of 
the board of county commissioners of the several counties of 
the territory, and of the boards of education in all municipali- 
ties in the territory, the proper officials and representatives 
of municipal corporations of all kinds whatsoever, and of 
the school directors of the several school districts in the dif- 
ferent counties in the territory, to ascertain and determine 
the amount of the indebtedness other than bonded indebted- 
ness of the several counties, boards of education, municipal 
corporations and school districts that may be floating, out- 
standing, and unpaid, however evidenced. For the purpose of 
notifying the different creditors that the same will be done 
and finally passed upon on the first Monday in May, A. D. 
1897, it shall be their respective duties to publish or cause to be 
published in some weekly newspaper in their county for two 
consecutive weeks, and if there is no weekly newspaper in 
the county, then in some paper having a general circulation 



14 COMPUTATION OF THE SCHOOL IvAWS 

in the county, a statement to the effect that on the first Mon- 
day in May, A. D. 1897, proceedings will be commenced for 
the purpose of ascertaining and determining such indebted- 
ness, at a place to be named, which shall be the county seat 
of said county, and that at such time they will continue in 
session for a sufficient length of time to transact the busi- 
ness before them. It shall be the duty of the several bodies 
or boards above named to consider and pass upon the claims 
of all creditors, as well those not present as those present, 
either in person or by attorney. Their proceedings shall be 
made of record in a book provided for that purpose, in wliich 
shall be entered the names of all creditors, the nature and 
character of the claim made, and when and in what year the 
indebtedness was contracted regardless of the time of issuance 
of any certificate or other instrument of indebtedness or when 
the amount was approved. The creditor claiming an indebted- 
ness to be due shall make out his claim in writing stating 
the nature and origin thereof and when it accrued and shall 
accompany the same by any instrument of indebtedness, cer- 
tificate or voucher upon which his claim is based, or an item- 
ized account, if his claim is based thereon. In the event that 
any person or persons shall claim to be a creditor of any of 
the said bodies or boards in this section mentioned, upon in- 
struments of indebtedness that are lost or after due diligence 
cannot be produced, he shall file with the clerk or secretary 
of any one of said bodies or boards, a copy of the instrument 
lost or unproduced, or a description, in the event a copy can- 
not be furnished, as near as may be, and such a copy or de- 
scription shall be taken and passed upon as if the original 
instrument liad been produced and filed : Provided, He shall 
file with the said clerk or secretary a bond in double the 
amount of that mentioned in said instrument, which bond 
shall be signed by two or more good and sufficient sureties, 
conditioned to indemnify the said body or board before whom 
it is produced against any loss by reason of the claimant not 
being the owner or entitled to the benefit of said instrument 
or on account of said instrument having been paid, such bond 
to be approved by said clerk or secretary. On the hearing, 
any competent testimony may be introduced in support of or 
in rejection of any such claim, and the said body or board, 
before whom any such claim is presented shall proceed to pass 
upon the merits of the case before them and allow or reject 
such claim as the evidence before them shall warrant. 



of THE TERRITORY OF NEW MEXICO 15 

Sec. 286. — Any Claimant Feeling Aggrieved at Action of 
Bodies or Boards in Passing on Any Claim, May Appeal to 
District Court. 

Any claimant, tax payer or any person or persons inter- 
ested, feeling aggrieved by any action of any of said bodies 
or boards before which any claim may have been passed upon, 
shall have the right to appeal to the district court having juris- 
diction in the county where the claim is pending, and the 
same shall be set by the court for hearing at the earliest con- 
venient date. On the hearing of such appeal the claim shall 
be tried de nova and an appeal may be had from the district 
court to the supreme court as appeals ara now allowed in 
equity cases, except the same must be taken and perfected 
within sixty days after the decision of the district court. 

.Sec. 287. — Statements and Bonds Required to he Piled With 
Clerk or Secretary of Board or Body, in Order to Take 
Such Appeal. ' 

To be entitled to take such appeal the person or persons 
desiring the same shall, within thirty days after the decision 
of the body or board before whom this claim is presented, file 
a statement in writing, with a copy of his claim, to the effect, 
in substance, that he desires the claim to be re-heard by the 
district court, with the clerk or secretary of said body or 
board, and in said statement shall set out as fully and clearly 
as practicable the extent and nature of his claim, the amount 
claimed, and the amount allowed by the body or board before 
whom it was presented, giving the time and place of such 
allowance, and shall at the time of taking such appeal, deposit 
with the clerk or secretary the sum of one dollar, as a fee to 
said clerk or secretary, and shall at the same time file a bond 
to be approved by the said clerk or secretary, with at least 
two good and sufficient sureties, residents of said county, in 
the sum of one hundred dollars, payable to the Territory of 
New Mexico, conditioned that the said person or persons so 
appealing will prosecute his said appeal with effect and with- 
out delay, and will pay all costs which may be adjudged 
against him in the said district court, and said court shall 
enter judgment against all parties appealing and their respect- 
ive bondsmen, for the amount of costs assessed against the 
said parties, if he shall fail in the prosecution of his said ap- 
peal, or if his said appeal shall not be sustained in said dis- 
trict court. When the said fee shall have been paid and the 



16 COMPUTATION OS' THE) SCHOOI. I^AWS 

said bonds shall have been filed and approved, as hereinbefore 
provided, it shall be the duty of the said clerk or secretary, 
to attach to said application for appeal, a certificate that the 
same is a true copy of the matter submitted before the body 
or board of which he is the clerk or secretary, and was passed 
upon by the said body or board, giving the day and date 
thereof, and shall transmit therewith all papers that may have 
been filed in said cause. 

Sec. 288. — Other Steps Required of Claimant Before Case is 
Docketed by Clerk of District Court. 

The claimant in order to perfect his appeal shall, within 
ten days, file the certified copy hereinbefore mentioned, in the 
of^ce of the clerk of the district court, and shall at the time of 
said filing, pay unto the said clerk, a fee of two dollars and 
fifty cents for the filing thereof. Any tax payer or person or 
persons interested, and entitled to an appeal, as provided for- 
herein, shall be styled intervener, or interveners and shall per- 
fect such appeal in the same way and manner so far as appli- 
cable as hereinbefore provided for, for appeals by any claimant, 
and the district court in its discretion may require of any and 
all parties appealing, bonds for costs and other things besides 
those mentioned herein, such as may unto him seem fit and 
proper to efifectively carry out the intent of this act. Imme- 
diately upon the filing of the said certified copy and the re- 
ceipt by him, of the said fee, the clerk shall docket the said 
appeal as other cases are docketed and upon motion the same 
shall be set down for hearing by the judge of said district 
court, and heard in vacation or term time, as the court shall 
deem proper. Immediately upon the docketing of the said 
appeal it shall be the duty of the said district clerk to officially 
notify all. parties interested, so far as the same is convenient, 
and shall notify the clerk or secretary certifying to the copy 
hereinbefore described, all which notices shall either be de- 
livered in person by said clerk of the district court or shall be 
by him immediately sent through the mail by registered letter, 
and the cost of such registration shall be paid by the clerk of 
the district court out of the money herein required to be paid to 
him as a docket fee. 

Sec. 289. — District Attorney to Represent County Commis- 
sioners and Other Bodies or Boards not Provided With 
Counsel. 
It shall be the duty of the district attorney of any county, 



OF THE) TERRITORY OF N^W Mi;xlCO 17 

before the board of county commissioners Of which any such 
claim as herein provided is brought, to represent in the district 
court said board of county commissioners, at the hearing 
of the appeal herein provided for, and the fees allowed him by 
law shall be his compensation for such services. Said district 
attorney shall also represent in the said district court any 
other body or board, herein described, not otherwise provided 
by law with a legal adviser. 

Sec. 290. — When Judgment on Appeal Has Been Entered by 
Clerk of Court, the Board or Body Shall Issue Claimant 
Bonds in Lieu of Bxecution. 

After the hearing on appeal by the said district court, a 
judgment upon said appeal shall be entered up by the clerk of 
the district court, and said clerk shall, under the seal of said 
court, certify the amount of said judgment to the clerk or sec- 
retary of the body or board from which the appeal was taken, 
and on the date herein provided, it shall be the duty of the 
said body or board to issue to the said claimant or apptillant, in 
lieu of execution, the bonds as hereinafter provided. 

Sec. 291. — Persons Proving Claims are Entitled to Coupon 
Bonds Therefor. 

It shall be the duty of the board of county commission- 
ers of the several counties in this territory, and also that of 
boards of education, school districts and all municipal corpora- 
tions of whatsoever kind or class, to issue coupon bonds of 
said county, board of education, school district or municipal 
corporation, of whatever kind or class, and they are hereby 
respectively authorized and empowered to issue said bonds to 
any claimant proving to be such for the amount and in the 
manner hereinbefore provided. 

Sec. 292. — Bonds to he Issued for Amount Adjudged Claim- 
ant, and to Bear Six Per Cent. Interest Prom Date of Issue. 
Principal and Interest When and Where Paid. 

The bonds provided for in section two hundred and ninety- 
one shall be issued on the first Monday of August, 1897, 
and shall be of the amount adjudged to be due any claimant, 
and shall bear interest at the rate of six per centum per annum 
from the date of issue, and such interest shall be payable on 
the first day of July and January of each year, after the date 
of issue. The principal and interest accruing on said bonds 



18 COMPUTATION OF THE SCHOOI. I.AWS 

shall be payable at the office of the treasurer of the body or 
board issuing said bonds, and all such bonds shall be payable 
at the option of the body or board issuing the same in ten years 
from the date thereof, and shall be absolutely due and payable 
twenty years after the date thereof. 

Sec. 293. — Form of Bonds and Cotipons; Hozv Signed and 

Attested. 

All bonds issued under the provisions of this act shall 
be numbered consecutively beginning with number one, and 
shall be signed by the chairman of the board of county com- 
missioners, and attested by the probate clerk under the seal of 
the county, if the bond be issued for any county indebtedness, 
and shall be signed by the mayor of any municipal corporation 
and attested by the clerk of said corporation under his official 
name, whatever it may be, and the seal of the said corpora- 
tion, if the bond be issued in payment of any indebtedness of 
any municipal corporation; and said bonds shall be signed by 
the chairman or president of the board of education, in the 
event that the said bonds are issued in. payment for any in- 
debtedness due by any such board of education, and. shall be 
signed by the chairman and attested by the clerk of the board 
of school directors of any school district, in the event that 
the same are issued in payment of any indebtedness due by 
any such school district. The board of county commissioners, 
board of education, officials of municipal corporations and 
school districts shall prescribe the form of such bond, and all. 
coupons attached to said bonds shall be signed and attested 
in the same manner as the bond itself, and the coupons at- 
tached to each bond shall bear the same number as the bond 
to which they are attached, and shall show the date and 
maturity of said coupon bonds. 

Sec, 294. — Hozv Bonds Shall be Registered and Recorded. 

The county commissioners of each county, -members of 
boards of education, and officials of municipal corporations, 
and directors of any school district, issuing bonds under the 
provisions of this act, shall provide a book and shall register 
therein in the order that said bonds are issued, the date and 
amount of each bond so issued, the person or persons to whom 
issued and the date when the same will become due, and there 
shall likewise be kept a record of all bonds at any time taken up 
and paid, together with the record of all "coupons paid ; such 



0? The: te;rritory of new mdxico 19 

record shall be kept by the treasurer of such body, or board, 
and it shall be his duty to certify that such bond or bonds 
have been regularly issued according to the provisions of 
this act. 

Sec. 295. — Boards of County Commissioners to he Notified on 
or Before First Monday in May of Amount Required to 
Pay Interest on Bonds. Levy to he Made Therefor and to 
he Kept Separate. Duties of County Assessor. 

It shall be the duty of the board of education, trustees 
of towns, mayor and town council of towns and mayor and 
city council of cities to ascertain and notify on or before the 
first Monday in May of each year, the board of county com- 
missioners of the amount required to pay the interest on the 
bonds issued by them respectively; and it shall be the duty of 
the county commissioners of each county in the territory to 
levy each year, at the time of the making of the levy for other 
taxes, a tax sufficient, and no more, than is sufficient, to pay 
the annual interest, accruing on any and all bonds issued under 
and pursuant to the provisions of this act. The taxes 
raised by means of such levy shall be kept separate and apart 
from other taxes and shall be paid in lawful money of the 
United States and shall be used exclusively for the payment 
of the interest on the bonds which shall have been issued 
according to the provisions hereof. 

■ The county assessor, in making his regular assessment 
of property situate within the limits ol any incorporated town, 
city, school district or other municipality shall include any 
and all property of whatsoever kind and character situate 
therein and for the purposes of this act personal property of 
every description shall be assessed and taxed in the place of 
its location on the first day of March of each year. 

See. 296. — After ipo/ County Commissioners Shall Annually 
Levy Taxes of From Ten to Tzventy Per Cent, of Bond 
Issue for Sinking Fund. How Bonds are to he Redeemed. 

After the expiration of the year 1907, and annually there-- 
after until paid, the county commissioners of each county, 
shall provide a sinking fund by taxation and shall annually 
levy a tax equal to at least ten per cent., and not greater than 
twenty per cent., of said bonds issued under the provisions 
hereof, and whenever funds to the amount of one thousand 



20 COMPUTATION oif The; schooIv IvAws 

dollars shall have come into the hands of the county treasurer 
for county or school district indebtedness, or shall have come 
into the hands of the treasurer of any board of education, or 
into the hands of any city or town treasurer, from the fund in 
this section provided for, such treasurer shall give notice by 
publication once a week for at least four consecutive weeks in 
some newspaper of general circulation in the county, that upon 
presentation of certain bonds, designing them by number, 
date and amount, he will pay the same, and interest on any 
such bond advertised as aforesaid shall cease thirty days after 
the last publication herein provided for, and any and all bonds 
shall be called for redemption in the order of their number, 
beginning with number one. 

Sec. 297. — Funds Remaining After Payment of Bonded In- 
debtedness to he Transferred to Respective Expense Funds. 

Any and all funds remaining in the hands of any of the 
treasurers named in this act on account of any money collected 
to pay any of the bonded indebtedness herein provided for, 
after the redemption and payment of any and all outstanding 
bonds, issued under the provisions hereof, shall be transferred 
to the current expense fund of the county, city, town, board of 
education or school district as the case may be. 

Sec. 298. — Bonds and Interest When Due and Presented to he 
Paid From Moneys Collected for That Purpose. Hozv Can- 
celed. When Turned Over to Proper Authority, to he Pre- 
served Tiventy Years. 

Whenever any bond, or bonds, or the interest thereon, 
issued pursuant to the provisions of this act, shall become due 
and shall remain unpaid, on presentation to the treasurer of 
the county, city, town, board of education or school district, as 
the case may be, where said bonds were issued, such bonds or 
the interest thereon shall be immediately paid by such treas- 
urer out of moneys in his hands collected for that purpose, 
and when any such bonds or the coupons thereon have been 
so paid he shall mark the same on the face thereof in red ink, 
"canceled and paid," showing date of payment and signing his 
official name thereto, and at each and every settlement made 
and had by such treasurer with the proper official provided 
by law for such purpose, he shall turn over to the proper 
authority any and all bonds and coupons so redeemed and 
canceled by him, all of which said bond or bonds, coupon or 



0^ The: te:rritory o^ new mexico 21 

coupons so canceled shall be carefully preserved for a period of 
twenty years from the date of cancellation. 

Sec. 299. — Urilazv fill for County Commissioners, City Council, 
Tozvn Trustees, Boards of Hdiication, etc., to Contract any 
Debt for any Year Which Cannot be Paid from Funds 
Actually Collected During Such Current Year. Officers 
Using Funds Belonging to One Year for any Purpose Other 
Than Paying Expense of Such Current Year, Guilty of 
Misdemeanor and Liable to Fine. 

From and after the date of the passage of this act it 
shall be unlawful for any board of county commissioners, city 
council, town trustees, board of education, board of trustees, 
or board of school directors of any school district, for any 
purpose whatever to become indebted or contract any debts 
of any kind or nature whatsoever during any current year 
which, at the end of such current year, is not and cannot then 
be paid out of the money actually collected and belonging to 
that current year, and any and all kind of indebtedness for 
any current year which is not paid and cannot be paid, as above 
provided for is hereby declared to be null and void, and any 
officer of any county, city, town, school district or board of 
education, who shall issue any certificate or other form of 
approval of indebtedness separate from the account filed in 
the first place or who shall, at any time, use the fund belong- 
ing to any current year for any other purpose than paying the 
current expenses of that year, or who shall violate any of the 
provisions of this act, shall be deemed guilty of a misde- 
meanor and upon a conviction thereof shall be fined not less 
than one hundred nor more than one thousand dollars or be 
confined in the county jail for a period of not more than six 
months or by both such fine and imprisonment, in the discre- 
tion of the court trying the case. 

Sec. 300. — Fees, Salaries and Perquisites of Officers to he Re- 
duced if Funds Collected Insufficient to Pay Same in Fidl. 

All fees, salaries and perquisites of the different officers 
of the several counties, cities, towns, boards of education, 
school districts, district attorneys and any and all other 
officers shall be reduced in the event there is an insufficient 
collection of money with which to pay them as provided by 
law for their services in any current year so that there shall 



22 COMPILATION 01^ THE SCHOOIv I.AWS 

be no violation of the provisions in this act as to incurring in- 
debtedness for any current year over and above the money 
actually collected for that current year. 

Sec. 301. — When Collections for Current Year Insufficient to 
Pay in Full, Then Officers and Creditors to be Paid Pro 
Rata. Provision as to Quarterly Division of Accounts. 
Expense of Boarding City Prisoners to be Paid in Full 
Quarterly Before Fees and Salaries are Paid. 

(As amended.) In the event that there is an insufficient 
amount of money collected during any current year with 
which to pay for the services, fees, and salaries of the several 
officers mentioned in section three hundred, then and in that 
event the said officers and all creditors shall receive in full, 
payment of their respective claims each his pro rata share 
of the money collected, and the payment of said pro rata 
part shall be made quarterly between all officers an^i creditors 
and in the event of an insufficient amount of money to pay in 
full for any one quarter the officers and creditors remaining 
unpaid shall not be paid that amount until the salaries and 
expenses of the next succeeding quarter or quarters shall 
have been paid, and in the event all the officers and creditors 
of any one quarter shall have been paid in full and there 
then remains any money for the current year, the same shall 
then be distributed pro rata among the said officers and credit- 
ors, Provided, That all the actual expenses for boarding county 
prisoners shall be paid in full before any bill, fees or salaries 
are paid and before any pro-rate is made, and such expenses 
may be paid at the expiration of each and every quarter. 

Sec. 302. — Void Indebtedness of Sec. 2pp to Remain Valid for 
Sole Purpose of Afterwards Collecting Money Belonging 
to Such Year. Such Collections to be Pro Rated Among 
Indebtedness Creditors. Surplus to be Converted Into Fund 
for Next Succeeding Year. 

The void indebtedness mentioned in section two hundred 
and ninety-nine shall remain valid to the extent and for the 
sole purpose of receiving any money which may afterwards 
be collected and belongs to the current year when they were 
contracted, and the collection thereof, when made, shall be 
distributed prorata among the creditors having the void indebt- 
edness, and in the event all of the valid and void indebtedness 



OF THE TERRITORY OE NEW MEXICO 23 

of any current year are paid in full and there is money for that 
current year remaining the sum shall be converted into the fund 
for the next succeeding current year. 

Sec. 303. — Boards of County Commissioners in Making Quar- 
terly Payments Shall Pay Claimants Amount Allowed by 
Board Unless Claimant Appeals and is Allowed Larger 
Sum by Court. 

In the event any claimant, during any current year, 
should appeal from the board of county commissioners, as 
now provided for by law, from the amount allowed him by 
such board, the commissioners, in making their quarterly 
payments as above provided for, shall estimate and allow 
such claimant the amount allowed him, and in the event the 
court should allow such claimant a larger sum than was allowed 
him by the board of county commissioners the amount so 
allowed by the court shall be considered and paid as above 
provided for at the next quarterly settlement after such decision 
of the court. 

Sec. 304.-^CtLrrent Year to Begin ist of January, Except That 
for Boards of Education and School Districts it Shall begin 
1st of September of Each Year. 

The current year for the purpose hereof shall begin on the 
first day of January and end on the last day of December of 
each year, except that the current year for boards of education 
and school districts shall begin on the first day of September of 
each year and end on the last day of August of the next year. 

Sec. 305. — Money Collected, or That Should be Collected, 
From Tax Rolls for County Purposes, Except Special As- 
sessments, to Constitute Fund for Next Current Year. All 
Other Money Collected to Belong to Current Year. 

All moneys collected from the tax roll of any one year 
for county purposes or that should have been collected for 
that year for such purpose, whether it was placed on the tax 
roll or not, except moneys collected for that year from assess- 
ments made for some special purpose, shall constitute the fund 
for the next current year, and all moneys other than those 
collected from the tax rolls, or that should have been on the 
tax rolls, that are collected during any current year and have 



24 COMPIIvATlON OF' THE) SCHOOIv LAWS 

not by law been placed as belonging to some particular general 
county fund shall go to and be a part of the fund for the 
current year in which the same are collected. 

Sec. 306. — No Bonds to be Issued After ist Monday in Au- 
. gust, i8p/y Except in Case of Appeal and Judgment Ren- 
dered. 

No bonds shall be issued after the first Monday in 
August, 1897, except when an appeal, as has hereinbefore 
been provided for, has been taken, and whenever the appeal 
shall have been finally passed upon by the district court or the 
supreme court if the, same shall have been taken to the supreme 
court, and final judgment shall have been rendered and the 
same have been certified to and sent to the proper body or 
board, in that event bonds may be issued for the amount 
rendered in favor of any person or persons including the cost 
if the same has not otherwise been paid; Provided, That 
nothing in this act shall prohibit the issuance of any bonds as 
heretofore and now provided by law. 

(See Funding Act, 1895, Sections 307-316.) 



FUNDING ACT, 1893. 



CONTENTS, 

Sec. 319. Holders of warrants issued by County School Superintend- 
ents prior to Feb. 26, 1891, may bring suit to adjust and determine 
the same. 

Se<3. 320. Warrant holders may unite as plaintiffs in suit. 

Sec. 321. How county shall be described in suit, and process served. 

Sec. 322. Proceeding to be same as ordinary chancery cases. 

Sec. 323. Issue of bonds to satisfy warrant holders obtaining judg- 
ment. Form of bond. 

Sec. 3 24. Costs of suit. Complainant losing suit to pay all costs. 



Whereas, Prior to the passage of the present school law 
of the Territory of New Mexico, in several counties of said 
Territory the expense of the schools has been paid by school 
superintendents of the county drawing warrants upon the 
county treasurer, instead of the fund being distributed among 
the different districts of the county and the warrants being 
drawn upon the district treasuries; and 

Whereas, County treasurers have refused to pay many 
of said warrants which are alleged to have been given in good 



OF THE) TERRITORY OP' NEW MEXICO 25 

faith for services actually rendered and supplies actually fur- 
nished said schools; and 

Whereas, The holders of said warrants are practically with- 
out any remedy for collection of the same or any part thereof; 

Be it enacted by the Legislative Assembly of the Territory 
of New Mexico : 

Sec. 319. — Holders of Warrants Issued by County School Su- 
perintendents Prior to February 26, i8pi. May Bring Suit 
to Adjust and Determine Same. 

That the holders of any school warrants in this territory, 
issued by county school superintendents prior to the 26th 
day of February, A. D. 1891, be and they are hereby author- 
ized to bring suit in the district court for the county in which 
said warrants were issued against the school districts and 
the county for the purpose of adjusting and determining the 
genuineness of said warrants and the fact that the same were 
issued for services actually rendered or supplies actually fur- 
nished for the use of the schools of said county. 

Sec. 320. — Warrant Holders May Unite as Plaintiffs in a Suit 

Against Both the County and all School Districts Thereof 

as Defendants, for an Accounting. The District Attorney 

Shall Defend Same With, or Without, Aid of Assistant 

, Counsel. 

Any part or all of said warrant holders may unite in the 
same suit as complainants and both the county and all the 
school districts thereof shall be made defendants in such suit, 
and such suit shall be brought on the chancery side of the 
court in the nature of a bill in equity for an accounting, and 
the district court shah take jurisdiction of the same and it 
shall be the duty of the district attorney to appear and defend 
said suits for the county and the school districts or either or 
any of them shall be allowed to employ additional counsel. 

Sec. 321. — How County Shall be Described in Suit and 
Process Served. 

The county shall be described as the board of county 
commissioners and process shah be served upon said board as 
now provided by law, and the process upon the school dis- 
tricts shall be served by delivering a subpoena or summons 
issued as in ordinary cases upon the school superintendent 



26 COMPIIvATlON Olf the: SCHOOIv I.AWS 

of the county and the respective chairman of the school boards, 
whose duty it shall be to at once notify the proper district attor- 
ney, who shall enter his appearance in answer to said subpoena 
or summons and defend such suit as hereinbefore provided. 

Sec. 322. — Proceedings to be Same as Ordinary Chancery 
Cases. Amount of Judgment Rendered to be Paid Out of 
Proper Funds. If Fund Insufficient, Tax to be Levied 
Therefor at Proper Time. 

I The proceedings in said cause shall "be the same as in 
ordinary chancery cases, and upon a statement of account by 
the master in chancery, a decree shall be rendered therein 
determining the amount of such indebtedness, who is entitled 
to receive the same, whether the original person to whom 
said warrants were issued or by whom said services were ren- 
dered, or supplies furnished, or the assignee thereof, and how 
much the holder thereof is lawfully entitled to receive for 
the same, and thereupon a decree or judgment shall be ren- 
dered in favor of said persons for the amount of the indebted- 
ness so claimed against the county or district liable; and the 
amount of such decree shall be paid out of the county school 
fund where the warrant is a county debt, or out of the proper 
district fund where the warrant represents a district indebt- 
edness, and if the same are insufficient to pay such indebted- 
ness, it shall be the duty of the county commissioners or district 
school directors to levy a sufficient tax at the time the general 
taxes are levied and cause the same to be levied in like manner 
and at the same time that general taxes are collected for the 
purpose of satisfying ancl paying off such decree or tax. 

Sec. 323. — Warrant Holders Obtaining Judgment May Accept 
Six Per Cent. Bonds in Satisfaction Thereof, and County 
Commissioners Authorized to Issue same. Form of Bond. 
Warrant Holders May Combine so as to Receive Bonds in 
Multiples of $100. County Commissioners to Annually 
Levy Special Tax for Interest and Redemption. 

The holders of any such warrants who may procure any 
such decree in their favor may at their option accept bonds, 
interest bearing obligations, to bear interest at the rate of 
six per centum per annum, and due in ten years, payable in 
five years, in satisfaction of such indebtedness, in lieu of causing 



Oif th^ Territory op new mdxico 27 

the amount thereof to be levied and collected as provided for 
in the foregoing section. 

That whenever a decree has been rendered or may here- 
after be rendered under the provisions of this act, in favor of 
the holders of any such warrants, decreeing that the same 
shall be paid out of the general school fund of a county, and 
the holders of such warrants shall signify to, the board of 
county commissioners of such county, their willingness to 
accept bonds in satisfaction thereof, the county commissioners 
of such county shall be, and they are hereby authorized and 
empowered to issue bonds in favor of the holders of such 
warrants to the amount of such decree. Said bonds shall be 
made payable by their terms out of the general school 
fund of the county, absolutely, within ten years after the 
date thereof, and shall be payable at the option of the county 
at any time after five years from the date thereof; and shall 
bear interest at the rate of six (6) per cent, per annum, pay- 
able semi-annually, and shall have coupons for said interest 
attached thereto. And said bonds and coupons when pay- 
able, upon presentation to the county treasurer, shall be paid 
out of the general school fund of said county before any dis- 
tribution of the same shall be made to the different school 
districts thereof or any board of education in such county. 

The said bond shall be executed by the chairman of the 
board of county commissioners and the county clerk and 
attested by the seal of said board, and shall be substantially in 
the following form : 

SCHOOL FUND BONDS. 



Number.. County Dollars 

Know all men by these presents, that County of 

Territory of New Mexico, acknowledges to owe, and prom- 
ises to pay the bearer, out of the general school fund of said 

county, dollars, lawful money of the United States, 

for value received, redeemable at the pleasure of said county 
after five years, and absolutely due and payable ten years from 
the date thereof, at the ofhce of the treasurer of said 
county, with interest thereon at the rate of six (6) per cent, 
per annum, payable semi-annually, on the first days of 

and of each year, upon the presentation 

and surrender of the annexed coupons as they severally become 
due, and payment of the principal to be made in accordance 
with the terms hereof, upon the surrender of the bond itself. 



28 COMPILATION OF The; SCHOOIv IvAWS 

This bond is issued in pursuance of an act of the legis- 
lative assembly of New Mexico entitled "An act to adjust 
and settle certain outstanding school indebtedness in the 
different counties of the Territory of New Mexico," approved 
February 23rd, 1893, and an act entitled "An act in amend- 
ment of said act," approved day of 

A. D. 1895. 

And the same has been issued in strict conformity with 
said acts and for the purpose therein expressed. 

In witness whereof, the board of county commissioners 

of the said County of , Territory of New Mexico, 

has caused this bond to be signed by its chairman and attested 
by the probate clerk, he being ex-officio clerk of the said board 
of county commissioners at the county seat of said county, 
this day of , A. D. 189 



Chairman board of county commissioners. 
Attest : 



Probate Clerk and ex-ofhcio clerk of the board of county 
commissioners. 

The coupons shall be numbered consecutively and be in 
substance as follows : . 

The County of promises to pay to bearer, 

out of the general school fund of said county, at the office of 

the treasurer of said county, on the first day of ..! , 

A. D. 189 , the sum of dollars, being for six 

months interest on bond numbered , issued under 

the provisions of an act of the legislative assembly, entitled 
"An act to adjust and settle certain outstanding school in- 
debtedness in the different counties of the Territory of New 
Mexico," approved February 23rd, 1893, and an act in amend- 
ment thereof. 

Issued on the day of. , A. D. 189. 



Chairman of the board of county commissioners. 

Attest : 



Probate clerk and ex-officio clerk of said board. 

That any two or more of the holders of such warrants 
entitled to receive bonds under the terms of such decree, may 
join the amounts for which they are entirtled to so receive 



oE" The territory oe new mExico 29 

bonds, and take bonds for the aggregate amount due to them; 
in order that said bonds may, as far as possible, be issued in the 
sum of one hundred dollars and multiples thereof. 

It shall be the duty of the county commissioners, after 
issuing such bonds, to levy each year at the time the general 
taxes are levied for school purposes, a special tax upon all 
property subject to taxation for school purposes in such 
county, sufficient to pay the interest on said bonds and create 
a sinking fund for the redemption thereof, in accordance with 
the provisions of .this act and the terms of said bonds. 

Sec. 324. — Costs of Suit, Bx elusive of Attorney's Fees (hut 
Including District Attorney Pees), to he Divided Betzveen 
Complainants and Defendants. Complainant Losing Suit 
to Pay All Costs. 

The costs of any such suit authorized by this act shall be 
divided equally by the court between the complainants in 
such suit and the defendant, not including attorney's fee, but 
including the fees of the district attorney, who shall be 
allowed such reasonable compensation as the court may in its 
discretion fix, not to exceed five per cent, of the amount 
recovered or involved in the suit : Provided, however, That 
if no judgment or decree should be rendered in favor of the 
complainant or complainants, then the whole of the costs of 
such suit shall be paid by the complainant or complainants. 

Section 325. This act shall apply to suits now pending or 
any which may be hereafter brought. 

(See "Issuance of Current Expense Bonds," Sections 
326-331). :"f^ 

(See "Funding Act, 1891," etc., Sections 332-338). 

(See "Funding Act, 1891," etc., Sections 340-348). 

(See "Funding Act, 1889," etc., Sections 366-376). 



30 COMPUTATION OS" The: school laws 

TO FUND SCHOOL INDEBTEDNESS. 



. CONTENTS. 

Sec. 379. School directors authorized to issue bonds. 

Sec. 380. County Commissioners to levy tax for payment of interest. 

Sec. 381. School directors to notify County Commissioners of bond 

issue. 

Sec. 3 8 2. School directors shall not incur indebtedness in excess of 

amount allowed by law. 

Sec. 379. — Directors of School Districts Authorized to Issue 
Bonds in Payment of Indebtedness Heretorofe Incurred in 
Any District for a Public School Actually Taught Under 
Contract Made With Directors. Such Bonds to Bear Six 
Per Cent, and have no Coupons. 

Where any indebtedness has heretofore been incurred or 
created in any school district for a public school, which has 
been actually taught under a contract made with the directors 
of such school district, and the said indebtedness, or any part 
thereof, now remains due and unpaid, the directors of such 
school district are hereby authorized and required to issue 
the bonds of such district in payment for the amount of such 
indebtedness so remaining due and unpaid, and said bonds 
shall be dated the day of their issue, shall bear interest at the 
rate of six per cent, per annum from the first day of March, 
A. D. 1889, and said interest shall be payable annually; such 
bonds shall be payable in ten years from the date thereof, 
and shall be in the form of an ordinary bond for the payment 
of money, and may be either written or printed or either part 
printed and part written, but no coupons for interest shall be 
attached thereto. Such bonds shall be issued in such amounts 
as shall be agreed upon, not exceeding the total amount of the 
indebtedness, and shall be signed by the members of the board 
of school directors, or a majority of them as constituting such" 
board, but such signatures shall not have the effect to make the 
members of such board personally responsible for the bonds 
so signed. 

Sec. 380. — County Commissioners to Levy Tax at Regular ■ 
Time to Pay Interest and One-Tenth of principal, which 
County Treasurer Shall Use to Pay Interest and Reduce 
Principal. No Fees to be Paid Assessor or Collector 
■ Therefor. 

It shall be the duty of the board of county commissioners 
of each county, when the taxes for general purposes are 



OF The: te:rritory of' new mexico 31 

levied in each year, to levy a tax on all the taxable property 
in any school district where bonds may have been issued in 
accordance with the previous section of this act, sufficient 
in amount to pay all the interest falling due on such bonds 
on the first day of March following, and also to pay one- 
tenth part of the original principal of said bonds, which levy 
shall be collected by the collector, when he collects the general 
taxes for the territory and counties, and shall be paid over 
by him to the treasurer of the county, who shall, on the first 
day of March in each year, or as soon thereafter as he re- 
ceives the same, pay off therewith the interest due on said 
first day of March on said bonds, and also pay the remainder 
so received by him to the holders of bonds in reduction of the 
principal thereof until such bonds shall be fully paid, and 
all payments made by him shall be endorsed upon such bonds. 
Nothing shall be paid to the assessor or collector on account of 
the assessment, levy or collection of such taxes herein provided 
to be levied and collected. 

Sec. 381. — Board of School Directors Issuing Such Bonds to 
Notify County Commissioners of Amount, Number and 
Date, and to Whom Paid. County Commissioners to Reg- 
ister Same, and Annually When Making Levy to Ascertain 
Amount of Such Bonds Paid and Still Due. 

It shall be the duty of every board of school directors 
who may issue any bonds provided for by this act to imme- 
diately notify the board of county commissioners of their 
county of the ^amount, number and^date of any such bond, 
and the name of the person to whom issued, which said board 
of county commissioners shall cause the same to be regis- 
tered by the clerk of said board of county commissioners, 
and they shall, each year, ascertain from the treasurer at the 
time of making the levy provided for in the last preceding 
section of this act and from any other available source, the 
amounts paid on such bonds so as to ascertain the amount to 
be levied annually on account of the interest and principal of 
said bonds in accordance with the provisions of this act. 

Sec. 382.- — School Districts Shall Not Incur Indebtedness in 
Excess of Amount Allozved by Lazu, but Any Heretofore 
Incurred in Good Faith on Account of Schools Actually 
Taught to be Valid and Binding. 

Hereafter no school district shall incur any indebtedness 



32 COMPILATION OJ" THIJ SCHOOIv LAWS 

in excess of the amount allowed it according to law for 
school purposes, and all indebtedness incurred in excess there- 
of shall be absolutely illegal and void; but all indebtedness 
heretofore incurred in good faith for, and on account of 
schools actually taught, are hereby declared to be valid ancl 
binding upon such school district : Provided, Such indebted- 
ness is now past due and unpaid, and only such as was incurred 
for teachers' wages shall be valid and binding. 

(See "Funding Act, 1887," Sections 384-388). 

(See "Casual Deficit and Refunding Bonds," Sections 
397-398). 

(See "Bonds for Territorial Institutions," Sections 
398a-398m). 



WARRANTS. 



CONTENTS. 

Sec. 399. Countj^ warrants, drafts, checks or orders, if lost or de- 
stroyed, may be duplicated. 

Sec. 400. Claimants must prove loss or destruction and file bond. 

Sec. 401. Territorial treasurer to present to the Governor and Audi- 
tor all warrants paid by his office. 

Sec. 402. Treasurer to burn all warrants in presence of Governor and 
Auditor. 

Sec. 403. Annual presentation of paid warrants by treasurer. 

Sec. 404. Quarterly call of warrants for payment. 

Sec. 405. County officers not to speculate on county or territorial in- 
debtedness. 

Sec. 406. Town or city officials not to speculate on indebtedness. 

Sec. 407. Penalty for violating provisions of Sections 405 and 406. 

Sec. 408. In case of conviction, office declared vacant. 

Sec. 410. Charge of grand juries regarding this act. 



Sec. 399. — Territorial or County Warrants, Drafts, Checks or 
Orders for Payment of Money out of Territorial Treasury, 
if Lost or Destroyed, May he Duplicated. 

In case of the loss or destruction of any warrant, draft, 
check, or order for the payment of money )ut of the treasury 
of the territory, or of any county, drawn by any officer author- 
ized by law to draw the same, the ofificer who drew the same, 
or his successors in office, may, and he or they are hereby 
authorized, to draw in favor of the party to whom such war- 
rant, draft, check, or order was issued, a duplicate of the same, 
as provided in the succeeding section. 






OF The: territory of new Mexico 33 

Sec. 400. — Claimant Must Prove Loss or Destruction of Ori- 
. . ginal and File Bond for Amount of Original Plus Costs and 
Expenses. 

Before any duplicate shall bt issued as provided in the 
foregoing section, the party applying for the same shall prove 
to the satisfaction of the. officer authorized to draw such dupli- 
cate, that the original warrant, draft, check, or order, has been 
lost or destroyed, and shall file with such officer a bond, to his 
satisfaction, to the territory or county, as the case may be, in a 
penalty sufficient to cover the amount of such original war- 
rant, draft, check, or order; and all costs and expenses that 
may accrue by reason of the premises, conditioned to reimburse 
and save harmless the territory or county from all loss in con- 
sequence of the loss of such warrant, draft, check, or order, 
and the issuing of such duplicate. 

Sec. 401. — The Territorial Treasurer Shall Present to the Gov- 
ernor and Auditor All Warrants Paid hy His Office, and 
Make Out Three Descriptive^ Lists Thereof, One Bach for 
the Secretary, Treasurer and Auditor. 

(As amended.) Within twenty days after the passage of 
this act, it shall be the duty of the territorial treasurer to pre- 
sent to the governor and auditor of public accounts, in the 
office of the first, all the warrants that have been -paid by him, 
or by his predecessors in office under his charge, and were 
paid before the 9th of December, 1854. This being done it 
shall be the duty of the territorial treasurer to make out three 
complete descriptive lists of said warrants, giving the date, 
sum and amount, and number of each, and to whom payable, 
and by whom paid ; one of said lists shall be deposited in the 
office of the secretary of the territory^ one shall be delivered 
to the treasurer, and the other filed in the auditor's office. 

Sec. 402. — The Treasurer to Burn All Warrants in Presence 
of Governor and Auditor. Descriptive List Witnessed hy 
Governor and Auditor to he Evidence of Amount of IVar- 
rants Destroyed. 

It shall be the duty of the treasurer to burn all of said 
warrants, in the presence of the governor and auditor of ac- 
counts; and after the said descriptive lists be signed by the 
governor "and auditor of accounts as witnesses, they shall be 



34 COMPILATION OF THE SCHOOL LAWS 

evidence for the treasurer of the amount of the warrants de- 
livered and destroyed by him. 

Sec. 403. — The Treasurer Shall Annually Betzveen December 
1st and i^th Present All IVarrants, Coupons and Other 
Evidences of Indebtedness Paid Since Last Were Burned, 
and Proceed as in Sections 401 and 402 Required. 

(As amended.) Between the 1st and 15th of December 
in each year it shall be the duty of the treasurer, in the same 
manner, to present all the warrants, coupons and other evi- 
dences of indebtedness that may have been paid after the date 
that the last were burned, and the same proceeding shall be 
practiced as before ordained, and the lists of the warrants, cou- 
pons and other evidences of indebtedness destroyed shall have 
the same effect as expressed in section four hundred and two. 

Sec. 404. — Territorial Treasurer Shall Quarterly Publish 
Notice Calling Warrants for Payment, if He Has Over 
$500 on Hand for Their Redemption. 

It ^hall be the duty of the territorial treasurer at the end 
of each quarter of the fiscal year, when there are funds on hand 
for the redemption of outstanding warrants in excess of five 
hundred dollars, to publish a notice in some ncAvspaper pub- 
lished at the capital that he has funds on hand to pay warrants 
up to a certain number and date, and calling said warrants for 
payment, and interest shall cease on all warrants so called at 
the expiration of ten days from the date of such notice. 

Sec. 405. — Unlawful ■ for County Oificcrs to Buy, Sell or 
Speculate in Territorial or County Evidences of Indebted- 
ness, Unless Same is for Salary of, or Supplies furnished 
by Such County Officer. 

That from and after the passage of this act it shall be un- 
lawful for any county commissioner, sheriff, treasurer, asses- 
sor, probate judge, probate clerk or any other person who, as 
principal or deputy, holds any county office in any county of 
this territory, to either directly or indirectly, buy, sell, barter, 
deal in or speculate in or with any certificate, warrant, or 
other evidence of indebtedness issued by such county or by the 
Territory of New Mexico, except such certificate, warrant or 
other evidence of indebtedness shall have been lawfully issued 



oi' th^ te;rritory of n£w mdxico 35 

to such person in payment of his salary or in compensation for 
services rendered by such person or for suppHes furnished by 
him to such county or territory. 

Sec. 406. — Unlawful for Toivn or City Officials to Buy, Sell 
or Speculate in Tozvn or City Evidences of Indebtedness, 
Unless Same is for Salary of, or Supplies Furnished by, 
Such Tozvn or City Official. 

That from and after the passage of this act, it shall be 
unlawful for any mayor, councilman, collector, marshal, clerk 
or other person holding any office or appointment in and for 
any incorporated city or town in this territory to either directly 
or indirectly buy, sell, barter, deal in or speculate in or with 
any certificate, warrant, or other evidences of indebtedness of 
such incorporated city or town, except such certificate, warrant 
or other evidence of- indebtedness shall have been lawfully 
issued to such person in payment of his salary or in compensa- 
tion for service rendered by him or for supplies furnished by 
him to such incorporated city or town. 

Sec. 407. — Persons Violating Provisions of Section 405 and 
406 to be Fined and Imprisoned, Removed From Office and 
Disqualified for Five Years From Holding Office of Trust 
or Profit. 

Any person who shall violate any of the provisions of the 
two preceding sections shall, upon conviction thereof by any 
court of competent jurisdiction, be punished by a fine of, not 
less than five hundred dollars, and not more than one thou- 
sand dollars, and by imprisonment not less than one month and 
not more than six months in the county jail, at the discretion 
of the court trying the cause, and, in addition thereto, the per- 
son so convicted shall be removed from office and shall, for five 
years thereafter, be disqualified from holding any office of 
trust or profit ujider the laws of this territory. 

Sec. 408. — When County or Municipal Officers are Convicted 
Under This Act, Clerk of District Court Shall Make Record 
of Same, and Serve Copy on County Commissioners or 
Proper Board. Office Then to be Declared Vacant. 

Upon the conviction of any county or municipal officer 
under the provisions of this act, it shall be and it is hereby 
made the duty of the clerk of the district court in which such 



36 COMPILATION 01^ the: schooIv laws 

person was convicted to make record of the conviction of such 
person in the records of said district court, and to immediately 
serve or cause to be served upon the board of county com- 
missioners of the county in which the person so convicted was 
an officer or upon the board of councilmen of the incorporated 
town or city of which such person was an officer, as the case 
may be, a certified copy under the seal of said district court 
of the record of the conviction of such person so convicted, 
and thereupon the person so convicted shall cease to be an 
officer of said county or incorporated city or town, and the 
office held by him shall be vacant and thereupon such vacancy 
shall be filled as now provided by law, and said certified copy 
of the conviction of such person shall be immediately recorded 
in the records of such county or of such incorporated city 
or town. 

Sec. 410. — Grand Juries to he Charged Regarding this Act. 

Section 409. " (This section relates only to clerks of 'district 
courts and deputies). 

That this act shall be especially given in charge to the 
grand jury at each and every term of the district courts held 
in this territory. 



CORPORATIONS. 



CONTENTS. 

Organization of literary, scientific and other societies. 
Cleric of organization to make record of meeting and certify 
same to probate clerk for record. 

Trustees or directors to have perpetual succession. 
Society may elect officers and make by-laws. 
Vacancies in Boards of trustees or directors. 
Provisions for organizing corporations for religious or char- 
purposes, etc. 

Organizers to be body corporate. 
Corporation to then have usual corporate powers and privi- 

Copy of by-laws to be filed with Territorfal Secretary. 
Real estate of corporation not to be sold or mortgaged 
without consent of Supreme Court. 



Sec. 


457. 


Sec. 


458. 




same 


Sec. 


459. 


Sec. 


460. 


Sec. 


461. 


Sec. 


462. 




itable 


Sec. 


463. 


Sec. 


464. 




leges. 


Sec. 


465. 


Sec. 


466. 



Sec. 457. — Debating, Literary, Scientific and Other Societies 
for Mutual Benefit and not Pecuniary Profit May Elect 
Necessary Oificers at Called Meeting and Have Conimon 
Seal. 
It shall be lawful for any debating society, literary, scien- 



Olf TH^ Tl^RRlTORY OF* N^W M:exiCO 37 

tific, industrial or benevolent association or community, ace- 
quias or ditch associations or companies for mutual benefit and 
not for pecuniary profit or speculation (other than colleges, 
universities, academies or seminaries) elect at any meeting 
called for that purpose, not less than three nor more than seven 
persons to serve as trustees or directors, a secretary and treas- 
urer and such other officers as may be deemed necessary, who 
shall hold their offices for one year and until their successors 
are elected and qualified. Said corporation or association may 
have a common seal. 

(Note : The compiled laws of 1897 say "It shall be unlaw- 
ful," etc., which is a mistake of the printer. See Section 232, 
Compiled Laws, 1884). See Chap. 22, Laws 1903, p. 33. 

Sec. 458. — The Clerk of Such Organisation Shall Make Rec- 
ord of Such Meeting and Certify Same to Probate Clerk 
for Record, Whereupon Such Organisation Shall be Vested 
With All.Pozvers of Aggregate Corporations. 

The clerk so appointed shall make a true record of the 
proceedings of the meeting provided for by section four hun- 
dred and fifty-seven, certify and deliver the same to the clerk 
of the probate court of the county in which such meeting shall 
be held, together with the name by which such association or 
society shall thereafter desire to be known. And it shall be the 
duty of each probate clerk in this territory immediately upon 
the receipt of such certified statement to record the same in a 
book of record, to be kept by him, provided for that purpose at 
the expense of the county, for which service he may demand 
and receive the sum of ten cents per hundred words ; and from 
and after making such record by the clerk of the probate court, 
the said trustees or directors, and their associated members 
and successors, shall be vested with the powers, privileges and 
immunities incident to aggregate corporations, and a certified 
transcript of the record herein authorized to be made by the 
probate clerk shall be deemed and taken in all courts and places 
whatsoever in this territory as evidence of the existence of such 
society, association and corporation. 

Sec. 459. — The Trustees or Directors and Successors Shall 
Have Perpetual Succession, With the Common Powers and 
Privileges of Corporations. 

The trustees or directors who may be appointed under the 



/^ 



38 COMPILvATlON 01^ THE SCHOOIv LAWS 

provisions of this act, and their successors in office, shall have 
perpetual succession by such name as may be designated, and 
by such name shall be legally capable of contracting and prose- 
cuting and defending suits, and shall have capacity to acquire, 
hold, enjoy, dispose of and convey all property, real or per- 
sonal, which they may acquire by purchase, donation or other- 
wise, for the purposes of carrying out the intention of such 
society or association, but they shall not acquire or hold prop- 
erty for any other purpose. 

Sec. 460. — Such Society, When Incorporated, May Bled Offi- 
cers and Make By-Laws. 

Such society or association, when incorporated, may elect 
such officers and make such by-laws, rules and regulations as 
may be necessary and expedient for its own government and 
the management of its fiscal and other affairs to effect their 
respective objects. 

Sec. 461. — Vacancies in Boards of Trustees or Directors May 
Be Filled, and Majority to Constitute a Quorum. 

If said board of trustees or directors as is provided by 
section four hundred and fifty-seven, shall be vacated either in 
whole or in part by death, resignation or otherwise, such board 
of trustees or directors may be revived, or such vacancy or 
vacancies filled by election in the manner pointed out in sec- 
tion four hundred and fifty-seven, for the original organization 
of said board, and a majority of said trustees or directors shall 
be a quorum for the transaction of business. 

Sec. 462.— Provisions for Organising Corporations for Reli- 
gious, Benevolent, Charitable, Scientific and Literary Pur- 
poses, and for Establishing Colleges, etc. 

Any five or more persons, a majority of whom shall be 
citizens of the United States, and residents of New Mexico, 
may organize a corporation for religious, benevolent, charita- 
ble, scientific or literary purposes, or for the establishment 
of colleges, academies, seminaries, churches or libraries, in the 
following manner : 

They may make and sign a certificate setting forth the name- 
of the proposed corporation, its objects, location and term of its 
existence. 

Such certificate shall be acknowledged by at least five of 



OF the; TElRRlfORY OF NKW MEXICO 39 

its signers before a commissioner of deeds or notary public 
within the territory, and shall be filed in the office of the secre- 
tary of the territory. 

Sec. 463. — Organisers to be Body Corporate, Upon Filing 

Certificate. 

Upon such filing, the persons named in such certificate 
shall become and be a body politic and corporate by the name 
stated in said certificate, and for the term of existence therein 
specified. 

Sec. 464. — Corporation to Then Have Usual Corporate Pow- 
ers and Privileges. 

Such corporation shall have power to sue and be sued, 
and to have and use a corporate seal, to take such real and per- 
sonal property as is necessary or proper for the furtherance of 
its objects and not in excess of the amount limited by law, by 
purchase, gift, devise, or bequest, and use or occupy the same, 
and to make such by-laws as to its membership, perpetuation 
and government as it shall deem proper. 

Sec. 465. — By-Laws of Such Corporation Invalid Until Copy 
Piled With Territorial Secretary. 

A copy of the by-laws of each of such corporations shall 
be filed in the offices of the secretary of the territory, and all 
amendments to such by-laws shall likewise be so filed, and no 
by-law shall be valid until filed as aforesaid. For each filing 
of a certificate or by-laws, the secretary shall receive one dollar. 

Sec. 466. — Real Estate of Such Corporation Not to be Sold 
or Mortgaged Without Consent of Judge of Supreme 
Court. 

No real estate belonging to any such corporation shall 
be sold or mortgaged, except by consent of a judge of the 
supreme court, which consent shall be founded on evidence 
showing the propriety of such sale or mortgage, and such 
evidence may be taken by a master or referee, if so decided by 
the judges. 

(But see Chap. 99, Laws 1905). 



40 COMPUTATION OF THE SCHOOI. lyAWS 

COUNTY OFFICERS. 



CONTENTS. 

Sec. 6 84. Persons responsible for county money to render account at 

January term. " 
Sec. 6 8 6. Officers failing to so account liable to fine. 
Sec. 6 87. County Commissioners to examine into sufficiency of county 

officers' bonds. 
Sec. 768. Probate Clerks to subscribe for all newspapers published in 

county. 
Sec. 769. Probate Clerk to bind and preserve copies of county news- 
papers. 
Sec. 771. Penalty for abstracting, destroying, mutilating, or defacing 

probate clerk's files of county newspapers. 
Sec. 7 91. Penalty for interfering with County Surveyor's official 

duties. 
Sec. 843. County officers not to act as sureties on bonds of other 

officers. 
Sec. 857. Persons unable to read and write English or Spanish are 

ineligible for office. 
Sec. 1. Chapter 60, S. L. 1897. (As amended.) Counties divided into 

classes. 
Sec. 12. County officers to file quarterly statement of receipts and 

disbursements. 



Sec. 684. — Persons Responsible for County Money to Render 
Account and Settle With County Commissioners at January 
Term; Also at Other Times When Notified in Writing. 
Balances to be Turned Into County Treasury. 

All collectors, sheriffs, treasurers, clerks, constables and 
all other persons responsible for the money belonging to the 
county, shall render their accounts to settle with the board of 
county commissioners at their January term of each year or at 
any regular term of the board if so required by the board in 
writing, and pay into the county treasury any balance which 
may be found due the county, and take duplicate receipts there- 
for, and deposit one of said receipts with the clerk of the board 
within five days thereafter. 

Sec. 686. — Officers Failing to so Account and Settle, Liable to 
Fine of From Five to One Hundred Dollars. 

Every officer required by the preceding sections to report 
to the county board of commissioners who shall fail or neglect 
to do so as required by law, shall be fined in a sum not less than 
five nor more than one hundred dollars. 



OF THE TERRITORY OF NEW MEXICO , 41 

Sec. 687. — County Commissioners to Examine Into Sufficiency 
of County Officers' Bonds, and to Require New Bonds 
When Necessary. 

It shall be the duty of the board of county commissioners 
of each county, at each regular term on the first day of each 
term to examine and inquire into the sufficiency of the official 
bond of the coUector, sheriff, treasurer, clerk of probate court, 
constables, and all other official bonds given or to be given by 
any county officer as required by law, and if it shall appear that 
any one or more of the securities on the official bond of any 
county officer has or have removed from the county, died, or 
become insolvent, or of doubtful solvency, the said board of 
county commissioners shall cause such collector, sheriff, treas- 
urer, clerk, constable or other county officer to be summoned 
to appear before the said board on a day to be named in said, 
summons, to show cause why he should not be required to give 
a new bond with sufficient security, and if at the appointed time 
he shall fail to satisfy said board as to the sufficiency of the 
present security, an order shall be entered of record by said 
board requiring such treasurer, clerk, constable or other county 
officer, except the collector or sheriff, to file in the office of 
the county clerk within twenty days, a new bond to be approved 
as required by law, unless the number and pecuniary ability of 
other securities on said bond shall be such as to satisfy said 
board that the bond is sufficient, notwithstanding one or more 
of the securities on said bond may have removed, be dead, in- 
solvent, or of doubtful solvency, in which case the bond in 
question may be, in the discretion of the board, held sufficient. 

Sec'. 768. — Probate Clerks to Subscribe for All Newspapers 
Published in County. 

The probate clerks of the several counties of this territory 
are hereby authorized and required to subscribe for such, one 
copy each, newspapers as are printed and published in their 
respective counties. 

Sec. 769. — Probate Clerk to Bind and Preserve Copies of Re- 
spective County Newspapers for Free Reference. On Neg- 
lect of Duty, to be Fined Fifty Dollars, One-Half to Go to 
County School Fund. 

It shall be the duty of each probate clerk to receive and 
preserve every copy of the paper or papers so subscribed for 



42 COMPILATION OP THE SCHOOI. IvAWS 

and from time to time, cause the same to be properly arranged 
and bound in volumes of convenient size and in a substantial 
manner, and said volumes, when bound, shall be kept in his 
office for the use of the courts, when needed, of strangers 
and the inhabitants of the county, all of whom shall have 
access to the same at all times during office hours, free of 
charge. For his services in this behalf, the probate clerk shall 
receive the sum of ten dollars for each volume, and for the 
neglect of the duties hereby imposed shall forfeit the sum of 
hfty dollars, to be recovered with costs in a civil action before 
any court, one-half of which shall be paid into the county school 
fund and the other half to the person who shall prosecute such 
action to successful termination. 

Sec. 771. — Persons Abstracting, Destroying, Mutilating or De- 
facing Probate Clerk's Files of County Newspapers Liable 
to Fine Not Exceeding $500, Half to Go to County School 
Fund. 

Any person who shall willfully abstract, destroy, mutilate 
or deface any number or volume of such newspapers pur- 
chased in pursuance of this act, shall be deemed guilty of a 
misdemeanor, and shall be fined in a sum not exceeding five 
hundred dollars, or imprisonment in the county jail, not more 
than six months, or both by such fine and imprisonment in 
the discretion of the court : Provided, That one-half of such 
fine shall be paid into the school fund of the county where such 
offender may be convicted, and the other half to the person 
who shall make the complaint 

Sec. 791. — Persons Threatening or Interfering With County 
Surveyors in Performance of Official Duties, Liable to 
Fine of $5 to $100, and Damages, Said Fine to Go to 
County School Fund. 

If any county surveyor shall be molested or prevented 
from doing or performing any of his official duties by means 
of threats or improper interference of any person or persons, 
such surveyor shall call on the sheriff, constable or other peace 
officer of the county, who shall accompany him and afford 
him all necessary protection against any person or persons 
thus threatening or improperly interfering with any county 
surveyor while performing his official duties; such person 
or persons so offending shall; on conviction thereof before any 
court of competent jurisdiction, be fined" in a sum not less 



OF the; territory of new MEXICO 43 

than five dollars ($5.00) nor exceeding one hundred dollars 
($100.00), and moreover be liable for all damages caused to 
any person by the hindrance of the surveyor, and also for all 
the expenses that may accrue in consequence of the attendance 
of the sheriff or officer and the delay of the surveyor : Pro- 
vided, All fines imposed under the provisions of' this section 
shall be paid to the county treasurer, for the benefit of the 
public school fund of said county. 

Sec. 843. — Cuniity or District Officers Shall Not Act as Sure- 
ties on Bonds of Other Officers. 

No county or district officer shall be in future surety on 
the official bond of another county officer, and no such officer 
who shall be required to give bond shall be considered as 
qualified, if any other of the officers above mentioned shall 
give such bond. 

Sec. 857. — 'Persons Unable to Read and Write Hither Bnglish 
or Spanisli Well Enough to Keep Their Otvn Record, In- 
eligible for Positions of Trust. 

That hereafter in this territory, no person who cannot 
, read and write sufficiently well to keep his own record in either 
the English or Spanish languages, shall be ineligible to be 
elected or appointed to or hold the office of justice of the 
peace, constable, school director, school treasurer or any other 
office or position of trust in which writing is required to be 
done or a record is required to be kept. 
(See Sections 863-867). 

Sec. 12. — County and Precinct Officers to File Under Oath 
With Probate Clerk Detailed Quarterly Statements of Re- 
ceipts and Disbursements. Making of False Statements 
Deemed Perjury, and Failure to File Statements Cause 
for Removal. 

All county and precinct officers shall be required to make 
and file with the probate clerks of their respective counties, 
quarterly statements showing in detail the amounts of all pub- 
lic moneys received, collected or disbursed by them, which 
said statements shall be verified by the oath of the officers 
making the same. Any officer knowingly making any false 
statement of the accounts herein provided for shall be deemed 
guilty of perjury and shall be punished as provided by law in 



44 COMPUTATION OF THE) SCHOOI, LAWS 

Other cases of perjury. Such statements shall be filed on or 
before the first day of January, April, July and October of each 
year; and any of said officers failing to make such statements 
as herein provided, may be removed from office by the county 
commissioners. 

This section shall take effect September 1, 1897. 



CRIMES AND OFFENSES. 



CONTENTS. 

Sec. 1103. Burning at night of school, church or other buildings. 

Sec. 1104. Burning in the day-time of school, church or other 

buildings. 

Sec. 1113. Larceny from said buildings. Penalty for 

Sec. 1125. Embezzlement. 

Sec. 1126. Punishment for embezzlers. 

Sec. 1263. Unlawful to maintain opium or hop joint 

Sec. 1264. Penalty for violating preceding section. 

Sec. 1265. Half of opium joint fines to go to the school fund. 

Sec. 1268. Saloon keepers allowing minors to play games on premises 

liable to fine. 

Sec. 126 9. Half of fines imposed by preceding section to go to school 

fund. 

Sec. 1272. Illegal to sell, use, give or drink liquor on election day. 

See. 1273. Half of fine for violating provisions of preceding section 

to go to school fund. 

Sec. 1274. Enclosures on public land illegal. 

Sec. 1296. Enclosures to have gates at all crossings of public roads 

and trails. 

Sec. 1297. Damages to enclosures by animals. 

Sec. 1298. Penalty for occupying public land under pretext of a deed. 



Sec. 1103. — Wilful Burning at Night of Certain Buildings, 
Including Colleges and Academies, Punishable by Imprison- 
fuent of .Prom One to Pifteen Years. 

Every person who shall wilfully and maliciously burn, 
in the night-time, any meeting house, church, court house, 
town house, college, academy, jail, or other building erected 
for public use, or any banking house, warehouse, store, manu- 
factory, or mill of another, or any barn stable, shop, or office 
of another, within the curtailage of any dwelling house or any 
other building, by the burning of which any building men- 
tioned in this section shall be burned in the night-time, shall be 
punished by imprisonment in the county jail or territorial 
prison not more than fifteen years nor less than one year. 



0^ THE TERRITORY OF NEW MEXICO 45 

Sec. 1 104. — Wilful Burning in the Day-Time of Certain Build- 
ings, Including Colleges and Academies, Punishable by Im- 
prisonment of From Six months to Bight Years. 

Every person who shall wilfully and maliciously burn, in 
the day-time, any building mentioned in the next preceding 
section, the punishment for which, if burnt in the night-time, 
would be imprisonment in the county jail or territorial prison, 
not more than fifteen years nor less than one year, shall be 
punished by imprisonment in the county jail, or territorial 
prison, not more than eight years nor less than six months. 

Sec. 1 1 13. — Larceny Prom, or Breaking and Entering, Certain 
Buildings, Including Colleges and Academies, Punishable 
by Fine and Imprisonment. 

Every person who shall commit the crime of larceny, in 
any dwelling house, office, shop or warehouse, or shall break 
and enter, in the night-time or day-time, any meeting house, 
church, court house, town house, college, academy, or any 
other public building erected for public use, and steal there- 
from, shall be punished by imprisonment in the county jail or 
territorial prison not more than three years or less than three 
months, or by a fine not exceeding one thousand dollars nor less 
than fifty dollars. 

Sec. 1125. — Persons Converting Territorial, County, Precinct 
or City Money to Own Use, or Loaning Without Interest 
or Neglecting to Pay Over Same According to Law, Guilty 
of Embezzlement. 

If any person, having in his possession any money belong- 
ing to this territory, or any county, precinct or city, or in 
which this territory, or any collector or treasurer of any pre- 
cinct or county, or the treasurer or disbursing officer of this 
territory, or any other person holding an office under the 
laws of this territory, to whom is entrusted by virtue of his 
office, or shall hereafter be intrusted with the collection, safe 
" keeping, receipt, disbursement, or the transfer of any tax, 
revenue, fine or other money, shall convert to his own use, in 
any way or manner whatever, any part of said money, or shall 
'loan, with or without interest, any part of the money intrusted 
to his care as aforesaid, or wilfully neglect or refuse to pay 
over said money, or any part thereof, according to the pro- 
visions of law, so that he shall not be able to meet the demands 



46 COMPILATION OF the; school laws 

of any person lawfull}^ demanding the same, whether such 
demand be made before or after the expiration of his office, 
he shall be deemed and adjudged to be guilty of an 
embezzlement. 

Sec. 1126. — Punishment for Bnihezslers, Varying With 
Amount Bmhezslcd. 

Any person who shall be guilty of embezzling any money 
prohibited by this or the last preceding section, not exceeding 
in amount the sum of one hundred dollars, shall, upon convic- 
tion, be punished by imprisonment in the county jail not more 
than one year nor less than three months ; and any person who 
shall be convicted of embezzling a greater sum than one hun- 
dred dollars, shall be punished by imprisonment in the county 
jail or territorial prison iiot more than three years nor less 
than one year, and by fine in each case of twice the amount 
so embezzled ; and if the court cannot determine, from the ver- 
dict of the jury or otherwise, the amount of the sum embezzled, 
they shall impose such fine as in their discretion shall be ade- 
quate and corresponding as nearly as may be with the penalty 
imposed by this section ; and every refusal by an officer to pay 
any sum lawfully demanded, shall be deemed guilty of an 
embezzlement of the sum so demanded. 

(See Section 1129). 

Sec. 1263- — Unlazvful to Maintain Opium or Hop Joint. 

It shall be unlawful for any person to keep or maintain a 
place for the purpose of furnishing opium to others, or what 
is commonly known as hop joint or opium joint; Provided, 
however, That the provisions of this section shall not, in any 
wise apply to druggists who may dispose or sell the same upon 
the prescription of a physician. 

Sec. 1264. — Violation of Terms of Preceding Section a Mis- 
demeanor, Punishable by Pine and Imprisonment. 

Any person violating the provisions of the preceding sec- 
tion shall be deemed guilty of a misdemeanor, and upon convic- 
tion thereof before a justice of the peace, or the district court 
or any competent tribunal shall be fined in any sum not less 
than twenty-five dollars nor more than two hundred and fifty 
dollars, or he shall be sentenced to imprisonment at hard labor, 
in the county jail, for a term of not less -than one, nor more 



OF TH^ TERRITORY OF NFW MEXICO 47 

than six months, or both said fine and imprisonment, in the 
discretion of the court or jury trying the case. 

Sec. 1265. — Half of Opium Joint Fines to Go to District 

School Fund. 

All fines imposed under the provisions of this act, one- 
half shall go to the prosecuting witness, and the other to the 
treasurer and for the benefit of the school district wherein the 
offense was committed. 

Sec. 1268. — Saloon Keepers AUoiving Minors to Play Games 
on Premises, Liable to Fine of Ten to One Hundred Dollars. 

Any saloon keeper who shall permit any minor, under the 
a^e of twenty-one years, to play the game of billiards, pool, or 
any game of cards or dice, or any other game on his premises, 
on conviction thereof before the district court, or before any 
justice of the peace, shall be punished by a fine not less than 
ten dollars, nor more than one hundred dollars. 

Sec. 1269. — Half of Fines Imposed by Preceding Section to 
Go to School Fund. 

All fines imposed under the provisions of this act shall be, 
one-half for the county fund, and the other half for the school 
fund in which the offense is committed. 

Sec. 1272.— Illegal to Sell, Use, Give or Drink Liquor on 

Election Days. 

It shall be illegal for any person or persons in this territory 
to sell, use or give, drink, or dispose of, any intoxicating or 
spirituous liquors on the day of any general or special election 
in this territory. 

Sec. 1273. — Half of Fine for Violation of Provisions Preced- 
ing Section to Go to School Fund. 

Any person who shall violate the provisions of this act, 
on conviction thereof before any justice of the peace or district 
court, shall be punished by a fine of not less than twenty-five 
dollars and not exceeding one hundred dollars, or by imprison- 
ment in the county jail, in wdiich such offense may have been 
committed, for a term not exceeding thirty days, nor less than 
twenty days. The half of said fine to be paid to the person 



48 COMPILATION or' THE SCHOOIv LAWS 

who informs or prosecutes the violators of this act, and the 
other half shall be paid into the school funds. 
(See Section 1276). 

Sec. 1295. — Illegal to Construct and Maintain Enclosures on 
Public Land, if Prejudicial to Others, Unless Permitted by 
United States Lazvs. 

It shall not be legal for any person or persons, company 
or corporation, to construct and maintain enclosures upon land 
considered and held as public land in this territory, nor to ap- 
ply the same to private use, which may result in prejudice to 
the citizens thereto, unless the same be made and sustained in 
conformity with the provisions of the United States laws rela- 
tive to government lands. 

Sec. 1296. — Enclosures to Have Gates at All Crossings of 
Public Roads and Trails. 
Whenever enclosures are constructed upon land, whether 
private or particular, of any person or persons, and upon which 
land a public road or trail may cross, and which is necessary 
for the free transit of the public, the person or persons, owners 
of such enclosure or land shall not construct the same in such 
a manner as to prevent the travel on said roads, but the same 
shall be properly kept under gates, easy to be opened and 
closed, and no owner or owners of said lands or enclosures, 
observing the provisions of this act, shall be considered as ob- 
structing or embarrassing said public roads. 

Sec. 1297. — Ozvners of Enclosures Bordering and Not Cross- 
ing Public Roads May Recover for Damages to Enclosures 
by Animals. 

If any person owning and legally possessing lands In this 
territory, shall construct or cause to be constructed enclosure 
without crossing any public road, following his enclosures 
along both sides of said road, or roads, then, and in such case 
the owner or owners of said enclosure or enclosures shall be 
entitled to recover damages caused by animals or otherwise, 
originated within said enclosures, before any court having 
jurisdiction in the matter. 

Sec. 1298. — Persons Under Pretext of Deed Occupying, or 
Trying to Deprive Others of Free Use of Public Land, 
Liable to Pine, to be Paid Into Public School Fund. 
Any person who shall, contrary to the provisions of this 



OF THS Te:rRITORY Of' NEW MEXICO 49 

act, be found occupying, or trying to deprive others of the free 
use and pasturing upon public land, under the pretext of -a 
deed, upon conviction thereof before any court having jurisdic- 
tion in the matter, shall be fined in a sum of not less than ten 
dollars, and shall besides, be liable for the damages caused 
thereto, which fines shall be paid into the public school fund of 
the county Avhere the infraction .may take place. 



SABBATH OBSERVANCE. 



CONTENTS. 

Sec. 1368. Sunday sports, public meetings and exhibitions, except for 
religious worship, prohibited. 

Sec. 1369. Fines for infraction of Sunday law to go to school fund. 

Sec. 1370. Certain labors permissible on Sunday. 

Sec. 1372. Definition of Sunday. 

Sec. 1374. Attorney General and district attorneys to prosecute Sab- 
bath breakers. 



Sec. 1368. — Sunday Sports, Public Meetings and Exhibitions, 
Except for Religious 11^ or ship, and Sunday Labor Except 
Works of Necessity, Punishable by Fines and Imprison- 
men t. 

Any person or persons who shall be found on the first 
day of the week, called Sunday, engaged in any sports, or in 
horse racing, cock fighting, or in any other manner disturbing 
any worshiping assembly, or private family, or attending 
any public meeting, or public exhibition, excepting for reli- 
gious worship, or instruction, or engaged in any labor; except 
works of necessity, charity or mercy, shall be punished by a 
fine_ not exceeding fifteen dollars, nor less than five dollars, 
or imprisonment in the county jail of not more than fifteen 
days, nor less than five days, in the discretion of the court, 
upon conviction before any district court. 

Sec.. 1369. — Fines for Infraction of Sunday Law to Go to 
District School Fund. 

All fines collected under this act to be applied to the 
school fund of the district in which the offense was committed. 
It shall be the duty of any sheriff, collecting said fine, to pay 
the same to the county treasurer, to the credit of the school dis- 
trict of the county in which the said offense was committed, 



oO COMPILATION OF THE SCHOOL LAWS 

within thirty days after collecting said fine, and take his re- 
ceipt therefor. 

Sec. 1370. — Certain Labors Pcnnissible on Sunday. 

It shall be lawful in cases of necessity for farmers and 
gardeners to irrigate their lands, and when necessary to pre- 
serve the same to remove grain and other products from the 
fields on said day; and nothing in this act shall be construed 
to prevent cooks, waiters and other employes of hotels and 
restaurants, and of butchers and bakers, from performing their 
duties on said day. 

Sec. 1372. — Definifiou of Sunday. 

Sunday, for the purpose of this act. shall be regarded as 
the time between sunrise and midnight of said day. 

Sec. 1374. — Alforucy General and District Attorneys to Prose- 
cute Sabbath Breakers. 

It is hereby made the duty of the attorney general and 
district attorneys, to prosecute offenders against the provisions 
of this act, and they shall be entitled to receive a fee of five 
dollars for each conviction, and to be taxed as other costs. 



DEADLY WEAPONS. 



CONTEXTS. 

Sec. 1377. Persons carrying deadly weapons in settlements, except 
by legal authority, liable to fine and imprisonment. 

Sec. 1378. Persons drawing deadly weapons on others. 

Sec. 1379. Assaulting with deadly weapons. 

Sec. 1380. Drawing, flourishing or dischargihg fire arms In public 
place.s. 

Sec. 1381. Armed persons insulting or assaulting others. 

Sec. 1383. Meaning of deadly weapons. 

Sec. 1384. Travelers may carrj' arms for personal protection. 

Sec. 1386. Hotel, .saloon and dance hall keepers to conspicuously post 
this law in English and Spanish. 

Sec. 1389. Fines collected under this art to go to county school fund 



Sec. 1377. — Persons Carrying Deadly Weapons in Settle- 
ments, Except by Legal Authority or Threatened With 
Danger, Liable to Fine and Imprisonment. 
That any person who shall hereafter carry a deadly 



OF THE TERRITORY OF NEW MEXICO 51 

weapon, either concealed or otherwise, on or about the settle- 
ments of this territor)-. except it be in his or her residence, 
or on his or her landed estate, and in the lawful defense of 
his or her person, famih' or property, the same being then and 
there threatened with danger, or except such carr3^ing be done 
by legal authority, upon conviction thereof, shall be punished 
by a fine of not less than fifty dollars, nor more than three 
hundred, or by imprisonment not less than sixty days, nor 
more than six months, or by both such fine and imprisonment, 
in the discretion of the court or jury trying the same. 

Sec. 1378. — Persons Drazving Deadly JVcapoiis on Others Ex- 
cept in Defense of Life or Property, or by Legal Authority, 
Liable to Fine and Imprisonment. 

Any person who shall draw a deadly weapon on another, 
or who shall handle a deadly weapon in a threatening man- 
ner, at or towards another, in any part of this territory, except 
it be in the lawful defense of himself, his family or his prop- 
erty, or under legal authority, upon conviction thereof," shall 
be fined in any sum not less than one hundred dollars, nor more 
than five hundred dollars, or by imprisonment at hard labor 
in the county jail or territorial penitentiary not less than three 
months, nor more than eighteen months, or by both such fine 
and imprisonment, in the discretion of the court or iury trying 
the same. 

Sec. 1379. — Persons Assaulting Others IJlfh Deadly JVeapons 
Liable to Pine and Imprisonment. 

Any person who shall unlawfully assault or strike at 
another with a deadly weapon, upon conviction thereof shall 
be punished by a fine not exceeding one thousand dollars, or 
by imprisonment at hard labor in the county jail or territorial 
penitentiary, not exceeding three years, in the discretion of the 
court or jury trying the same. 

Sec. 1380. — Draimng, Flourishing or Discharging Firearms in 
Public Places Unlawful, Except in Defense of Life or 
Property, Person Offending Liable to Fine and Imprison- 
ment. 

Any person who shall unlawfully draw, flourish or dis- 
charge a rifle, gun or pistol within the limits of any settle- 
ment in this territory, or within any saloon, store, public hall, 



52 COMPILATION OV THE SCHOOIv LAWS 

dance hall or hotel, in this territory, except the same be done 
by lawful authority, or in the lawful defense of himself, his 
family or his property, upon conviction thereof, shall be pun- 
ished by a fine of not more than one thousand dollars, or by 
imprisonment for a term of not more than three years, or by 
both such fine and imprisonment, in the discretion of the court 
or jury trying the same. The word settlement, as used in this 
act, shall be construed to mean any point within three hundred 
yards of any inhabited house, in the Territory of New Mexico. 

Sec. 1381. — Armed Persons Insulting or Assaulting Others by 
JVord or Othenvise, Without Sufficient Provocation, Lia- 
ble to Fine and Imprisonment. 

Any person being armed with a deadly weapon who shall, 
by words, or in any other manner, insult or assault another 
without sufficient provocation, upon conviction thereof shall 
be punished by a fine of not less than one hundred dollars, nor 
more than three hundred dollars, or by imprisonment at hard 
labor in the county jail or territorial penitentiary, for not less 
than three months nor more than one year, or by both such 
fine and imprisonment in the discretion of the court or jury 
trying the same. 

Sec. 1383. — Meaning of Deadly Weapons. 

Deadly weapons, within the meaning of this act, shall be 
construed to mean all kinds and classes of pistols, whether the 
same be a revolver, repeater, derringer, or any kind or class of 
pistol or gun ; any and all kinds of daggers, bowie-knives, pon- 
iards, butcher knives, dirk knives, and all such weapons with 
which dangerous cuts can be given, or with which dangerous 
thrusts can be inflicted, including sword-canes, and any kind 
of sharp pointed canes; as also slug-shots, bludgeons and any 
other deadly weapons with which dangerous wounds can be 
inflicted. 

Sec. 1384. — Travelers May Carry Arms for Personal 
Protection. 

Persons traveling may carry arms for their own protec- 
tion, while actually prosecuting their journey, and may pass 
through settlements on their road without disarming; but if 
such travelers shall stop at any settlement for a longer time 
than fifteen minutes they shall remove all arms from their 



01? the: territory of new MEXICO 53 

person or persons, and not resume the same until upon eve of 
departure. 

(Officers may carry arms; when). 

Sec. 1386. — Hotel, Saloon and Dance Hall Keepers to Con- 
spicuously Post This Lazv in Both English and Spanish. 
Proprietors Failing to Call Attention of Violators to Law 
Liable to Pine. 

Every keeper of hotel, boarding house, bar room, drink- 
ing saloon or place where liquor is sold, or dance hall, in this 
territory, shall keep conspicuously posted up, a copy of this 
act, in both the English and Spanish languages, and it is hereby 
made the duty of every such keeper of a hotel, boarding house, 
bar room, drinking saloon or place where liquor is sold, or 
dance halls, or the person in charge of the same, who shall be- 
come cognizant of any violations of the provisions of this act, 
in, upon or about their premises, to immediately and at once 
direct the attention of such violator to the provisions of this 
act, and upon a failure of such keeper of a hotel, boarding 
house, bar room, drinking saloon, or place where liquor is sold, 
or dance hall, or the person in charge thereof, to do so, he or 
they shall be liable to pay a fine of not less than five dollars, nor 
more than fifty dollars. 

Sec. 1389. — Fines Collected Under This Act to Go to County 

School Fund. 

All fines and penalties accruing from the violation of the 
provisions of this act shall be paid into the county treasury of 
the county in which such violation occurs, to the credit and 
for the benefit of the school fund of said county. 



54 ' COMPUTATION 0]? THE SCHOOL LAWS 

GUARDIANS AND WARDS. 



CONTENTS. 

Sec. 1437. Father and mother as guardians. 

Sec. 1447. Education of ward. 

Sec. 1465. Custody of children's person, education and estate. 

Sec. 1471. Guardians to mal^e annual settlements with probate court. 



Sec. 1437, — Father the Natural Guardian of Children, and the 
Mother if Father is Dead or Has Abandoned Them. Must 
be Appointed by the Court in Order to Manage Children's 
Estate. 

The father, and, in case of his death or abandonment of 
his family, the mother, shall be the natural guardian of their 
children, and shall have the care of their persons and educa- 
tion; but in no case shall they have the care and management 
of their estates, except they be appointed by the court for that 
purpose, when they shall give bond and security in the same 
manner as other guardians. 

Sec. 1447. — Probate Court May Direct Guardian to Spend 
■ Specified Sum for Education and Maintenance of Ward, 
. Even Exceeding Income of Estate. 

The probate court may direct a guardian to expend for 
the maintenance and education, if it shall be necessary, of his 
ward, a specified sum, although such sum may exceed the in- 
come of the ward's estate ; but without such direction, the 
guardian shall not be allowed, in any case, for the maintenance 
and education of the word, more than the clear income of 
the estate. 

Sec. 1465. — Custody of Children's Person, Edtication and Es- 
tate in Hands of Father, if Living, and if not, in Hands of 
Mother. When Bond Shall be Given. 

In all cases, not otherwise provided for by law, the father 
while living, and after his death and when there shall be no 
lawful father, then the mother if living, shall be the natural 
guardian of the children, and have the custody and care of 
their persons, education, and estates, and when such estate is 



OF THE TERRITORY OE NEW MEXICO 55 

not derived from the parent acting as guardian, such parent 
shall give security and account as other guardians. 

Sec. 1471. — Guardians to Make Annual Settlements with Pro- 
bate Court, and if in Charge of Child's Bducation, Such 
Expenditures to be Reported Under Oath. Guardian s Neg- 
lect to Report May Subject Him to Imprisonment. 

Guardian and curators shall make annual settlements 
with the probate court, in which their proceedings shall be, 
beginning at the first term after the beginning of a year from 
their appointments or admission respectively, and at each cor- 
responding annual term as near as may be, until their final 
settlement; and in such settlements guardians, having the care 
and education of the minors, shall make a statement on oath 
of the application of all moneys directed by the court to be 
applied by them to the education of their wards. Guardians 
and curators neglecting or refusing to make such settlements 
or statements on oath herein required, shall be liable to be 
attached and imprisoned until they make such settlements and 
statements, the court first making a rule on them respectively, 
to show cause why they should not be so proceeded against. 



ORPHANS AND POOR CHILDREN, 
APPRENTICESHIP. 



CONTENTS. 

Sec. 1472. Justices of peace to report orphan children. 

Sec. 1473. Person to whom child is apprenticed to give bond to 
properly clothe, treat and instruct child. 

Sec. 1479. Probate court to examine into condition of orphans. 

Sec. 1481. Guardians to choose masters for apprentices under ten 
years of age. 

Sec. 1482. Probate court to apprentice children of parents unable or 
neglecting to support and educate them. 

Sec. 1483. Parents may apprentice minor children. 

Sec. 1484. Provisions for education of children apprenticed by 
parents. 

Sec. 14^5. Probate court to hear and determine complaints of ap- 
prentices. 

Sec. 1496. Adoption of children by adult persons or by institutions. 



Sec. 1472. — Justices of Peace to Report to Probate Judges All 
Orphan Children and Those Whose Parents- Are too Poor 
to Maintain Them. Probate Court to Investigate and Bind 
Children Out. 
It shall be the duties of the justices of the peace of each 



56 COMPUTATION OF THE SCHOOL I.AWS 

precinct of the different counties, at the regular terms of the 
probate courts, to make returns to the probate judges of all 
the orphan children, poor and other children in his precinct, 
the parents of which cannot maintain them ; and it shall be the 
duty of the judge of probate, when said lists are presented, 
to investigate for proof; and if he shall find it to be true that 
said children are poor orphans, or that their parents are not 
maintaining them, to bind out such children as apprentices to 
such person as the probate court may approve, until they reach 
the age of twenty-one years, if males, or until they reach the 
age of eighteen years, if females. 

Sec. 1473. — Person to Whom Child Apprenticed to Give Bond 
to Properly Clothe, Treat and Instruct Child. Other Pro- 
visions. 

Any person to whom a child shall be bound as apprentice, 
shall be required- by the judge of probate, to give bond in the 
sum of not more than five hundred dollars, payable to the 
county, conditioned to provide the apprentice with sufficient 
clothing and food, and bed, and also to treat him with human- 
ity, and to teach him some occupation or office by which the 
said apprentice can maintain himself ; and also to teach him to 
read and write, and arithmetic; and, at the expiration of said 
apprenticeship, he shall give him two good and durable suits 
of clothing. 

(Apprenticeship may be revoked, upon proper evidence). 

(Children of poor prisoners to be apprenticed; when). 

Sec. 1479. — Probate Courts to Examine into Condition of Or- 
phans and Minors Without Suificient Estate for Proper 
Maintenance and Bducation, and Shall Direct Guardians to 
Apprentice Wards, Under Certain Conditions. 

It shall be the duty of the said courts (probate) to examine 
into the conditions of all orphans and such minors as have 
not sufficient estate for their maintenance and education; and 
in case the minors or orphans have not the means of mainte-, 
nance and education, nor friends or relations willing to incur 
the expense of their maintenance and education, the judge of 
probate shall direct guardians to bind their wards as appren- 
tices, until the age of twenty-one, if males, and, if females, until 
the age of eighteen, to some good and reputable man or 
woman, to be chosen by the ward if over ten years of age, sub- 



OF THE TERRITORY OF NEW MEXICO 57 

ject, however, to the approval of the guardian and the probate 
court; which person shah bind him or. herself to teach the 
apprentice some useful and reputable art, science, profession, 
trade or business, to be specified in the indenture ; and, also, to 
send the apprentice to school at least three months in each year, 
after the age of nine years, and to clothe, feed, lodge, and treat 
the apprentice humanely. 

(Indenture must be approved by court and recorded). 

Sec. 1 48 1 . — Guardians to Choose Masters for Appren tices Less 
Than Ten Years of Age. 

For minors to be apprentices under the age of ten years, 
the masters shall be chosen by their guardian, or parent, or 
parents, if living, subject to the approval of the probate court. 

Sec. 1482. — Probate Court to Apprentice Children of Parents 
U liable, or Neglecting, to Support and Hducate Them. 

in case of minors whose parents, or either of them are 
living, but have not the means of maintaining their children, 
or willfully neglect to support and educate them, the probate 
court shall apprentice such children as in case of orphans. 

Sec. 1483. — Fathers, if Liz'i)tg, or Mothers May Apprentice 
Minor Children, on failure of Probate Court to 'do so. 

The father of any minor, or, if the father be dead, the 
mother, when the probate court has not appointed a guardian, 
may apprentice their children, being minors, in the like manner 
as guardians, for the purpose of teaching them some useful art, 
science, profession, trade or business, by means of indenture. 

Sec. 1484. — Provisions for Bducation of Children Apprenticed 

by Parents. 

In all cases of children being apprenticed by the parents, 
the indenture shall bind the master to send the apprentice to 
school, at least three months»in each year, after the age of nine 
years, which indenture must likewise be approved by the 
probate court, and recorded in the office of the clerk of the 
probate court. 

Sec. 1485. — Probate Court .to Hear and Determine Complaints 

of Apprentices. 

The probate court shall at all times hear the complaints 
of apprentices, who reside within their respective counties, 



58 COMPIIvATlON OF THie SCHOOI, I.AWS 

whether niade in person or by any other person for them, 
against their masters, alleging undeserved or immoderate cor- 
rection, insufficient allowance or quality of food, raiment or 
lodging, or want of proper instruction. And the court shall 
hear and determine all such cases in a summary way, during 
terms, and make such order therein as in the judgment of the 
court will relieve the complaining apprentice for the future ; 
or remove the apprentice, and bind him to someone, else, if it 
shall be deemed necessary. 

Sec. 1496.— Minor Children May. be Adopted by Adult Per- 
sons or Charitable Associations, JVithout Reward for Care 
and Education. 

Any minor child may be adopted by any adult person or 
charitable association or incorporation organized and existing 
for the custody, care, maintenance and education of orphan, 
illegitimate, abandoned and other children intrusted to its cus- 
tody, and care without any reward or recompense for such cus- 
tody, care, maintenance and education, in the cases and subject 
to the rules prescribed in this chapter (Sections 1488-1508). 



OF THE TERRITORY OF NEW MEXICO 59 

CHAPTER XCIX. Laws of 1907. 



An Act to amend section 1527 of the compieEd eaws of 
NEW MEXICO. H. B. No. i6p; Approved March 21, igo'/ 



SCHOOL DISTRICTS. 

CONTENTS. 
Sec. 1. Amending Section 1527, Compiled Laws of 1897. 



Be it enacted bv the Legislative Assembly of the Territory of 
Nezv Mexico: 

Section 1. That Section 1527 of the Compiled Laws of 
New Mexicu is hereby amended su as to read as follows : 
"That whenever a school district shall be formed in any county, 
the county superintendent shall, \vithin fifteen days thereafter, 
prepare and post a notice of the formation of such district, 
describing its boundaries and stating the number thereof, and 
appointing a time and place for the first district meeting to 
select school directors to act until the following election; and 
he shall also furnish to the county clerk the description and 
boundaries of each school district as soon as practicable after 
the same is formed. Should there, for any cause, be no 
meeting in the newly formed district to select school directors, 
then the county superintendent shall appoint school directors 
who shall act till their successors are elected as now provided 
by law, and all school directors heretofore appointed in a new 
district by the county superintendent, are hereby declared in all 
respects to be valid appointments. The school superintendent 
shall, on or before the 15th day of October of each year, make 
out and transmit in writing to the territorial superintendent, 
bearing date October 1st, a report containing a statement of 
the number of school districts in the county, the number, age 
and sex of children residing in each over five and under 
twenty-one years of age ; the number of schools in the county ; 
the length of time each school has been taught; the number, 
age and sex of pupils attending the same; the number and 
sex of ^teachers employed, branches taught and text books 
used ; the number of private or select schools or academies in 
the county as far as the same can be ascertained ; the number, 



60 COMPUTATION 0^ THE SCHOOIv I.AWS 

age and sex of pupils and teachers employed and the branches 
taught; the amount of money raised by taxes and paid for 
teachers' salaries in addition to the amount of public money 
raised by tax or otherwise for the purpose of purchasing sites 
for school buildings repairing and furnishing school houses, 
and such other information as the territorial superintendent 
may desire. 

Sec. 2. This act to take effect and be in force from and 
after its passage. 



LAWS OF 1897. 
(continued) 



CONTENTS. 

Sec. 1528. Penalty for failing to make annual report. 

Sec. 152 9. Present school districts declared legal. 

Sec. 1530. Each school district a body corporate. 

Sec. 1532. Election of school directors. 

Sec. 1532. Voters defined. 

Sec. 1533. Organization and duties of school directors. 

Sec. 1535. Additional duties of school directors. 

Sec. 1536. Teachers to keep records and make reports. 

Sec. 1538. Bond of county treasurer as custodian of school funds 

Sec. 1540. Penalty for tax collectors failing to turn over money. 



Sec. 1528. — Penally For failing to Make Aiuntal Report. 

That every county superintendent who shall wilfully 
neglect or refuse to make and deliver to the territorial super- 
intendent his annual report, as required by this act, within the 
time limited therefor, shall be liable on his bond for the full 
amount of money lost to the county by such neglect or refusal, 
with the interest thereon at 12 per centum per annum, to be 
recovered by the county treasurer in the name of the county, 
from the bondsmen of said Superintendent. 

Sec. 1529. — Present Sehool Disfriets Declared Legal. 

That each of the school districts of the different- counties 
as now constituted, is hereby declared to be a school district, 
until changed under the provisions of this act, and there shall 
be established in each district one or more schools in which 
shall be taught orthography, reading, writing, arithmetic, 
grammar, geography, the English language, and the history of 
the United States. 



OF" THE TERRITORY OE NEW MEXICO 61 

Sec. 1530. — Bocli School Disfricf a Body Corporate. 

That each school district shall be a body corporate by 

the name and style of School District Number , of the 

County of , and by such name may contract and be con- 
tracted with, sue and be sued, in any of the courts of this terri- 
tory having competent jurisdiction; and every such district 
shall hold, in the corporate name of the district, the title of 
lands and other property which may be required by said district 
for school purposes. 

Sec. 1532. — Election of School Directors. 

(As amended.) That on the second Monday of May, 
1891, the present county school superintendents of the 
respective counties shall cause to be posted notices in at 
least three public places in each school district, calhng an 
election to be held for three school directors of said district, 
on the first Monday in June following ; said election to be 
held by three property holders in said district, to be named in 
said notice, and after said election is held, the three directors 
elected shall hold office for one year and until tlieir successors 
are elected and qualified, and the judges of election shall cer- 
tify the result to the county superintendent. On the second 
Monday of March of each succeeding year the directors serv- 
ing at that time shall post notices of an election to be held 
by them on the first Monday in April by the qualified voters 
for three school directors, whose term shall be one year, 
Only legal voters, residing and paying ta.xes in said district, 
shall be qualified to vote at said election ; the votes shall be by 
written or printed ballots, and the election shall be held be- 
tween the hours of 8 a. m. and 5 p. m. on tlie first Monday 
of April, at the public school house or some other convenient 
place to be specified in said notice ; the result of said election 
shall be certified by said directors to the County Superintend- 
ent, and the term of office of said directors shall begin on 
the first Monday of May following their election. The direc- 
tors so elected shall take and file with the county superintend- 
ent, before the first Monday of May, an oath that they will 
faithfully perform the duties of tlieir office; said oath shall 
be administered by the judges holding the election first pro- 
vided for. and at subsequent elections by the directors serving, 
and in said oath shall be set forth the number of said school 
districts. Any school director who shall fail to call the elec- 
tion and post the notices therefor, or to correctly certify the 



62 COMPILATION 01^ THE SCHOOL LAWS 

result of such election as required in this section, shall be 
deemed guilty of malfeasance in office, and shall be disquali- 
fied from again holding said office by appointment or other- 
wise for a period of one year thereafter, and shall be sum- 
marily removed by the superintendent of schools, and shall be 
fined not less than twenty-five dollars nor more than one 
hundred dollars, or imprisoned in the county jail not less than 
twenty-five nor more than one hundred days, the said fines to 
go to and become a part of the school fund of the district in 
which such person was a director. And it is hereby made the 
duty of the county school superintendent so removing a direc- 
tor to make affidavit of the facts to the district judge, or before 
any justice of the peace, and to act as prosecuting witness 
against said director. The said school clirectors shall truly 
canvass the vote cast at the election and' send the ballots to 
the county school superintendent, together with their certifi- 
cate of election, where said ballots shall remain in his cus- 
tody for the period of thirty days, during which time notice 
of contests may be given by any person interested. If no such 
notice shall be given within such period, the county school 
superintendent shall destroy such ballots. But if such notice 
of contest be given, it shall be his duty to turn the same over, 
in exactly the same condition as they were received by him, 
to the Probate Clerk of his county, where they may be exam- 
ined under the same terms and conditions as ballots in other 
cases of contested elections for county officers, and the same 
provisions shall apply to a contest for the position of school 
director as is provided by law for contesting other county 
officers. 

All legal voters, residing in a school district, who have paid 
the poll tax of the current year in said district, shall be con- 
sidered qualified voters of said district, entitled to vote therein. 

Sec. 1533. — Organisation and Duties of School Directors. 

That five days after their qualification the school direc- 
tors shall meet and elect a chairman and a clerk, and two 
directors shall constitute a quorum, which shall be competent 
to discharge all the duties of a full board. Should a vacancy 
occur from any cause, notice shall be given to the county 
superintendent by the directors or a director, and thereupon 
said county superintendent shall appoint a director to fill suchj 
vacancy until the next election. They shall have the care and 
keeping of the school house and other property belonging 



OF THE TE;RRIT0RY of new MEXICO B3 

to the school district, and are hereby authorized to open the 
school houses for the use of religious, political, literary, 
scientific, mechanical, agricultural, and industrial societies 
belonging to their district, for the purpose of holding business 
or public meetings of said societies. 

Sec. 1535. — (As Amended.) Additional Duties of School 

Directors. 

That no board shall issue warrants or certificates of in- 
debtedness of the school district, in excess of the amount of the 
levy for one year, but all school orders shall draw 6 per cent, 
interest per annum after having been presented to the county 
treasurer and not paid for want of funds, which fact shall be 
indorsed upon the order by the treasurer. The directors of the 
several school districts shall also employ and pay school teach- 
ers under the restrictions imposed by this act,, and shall have 
the general control and management of the schools in their 
respective districts, subject to such supervision as shall herein 
be conferred upon the county superintendent ; and the directs 
ors in the several school districts in the territory shall on 
or before the first day of September of each year, make an 
enumeration of all unmarried persons betAveen five and twenty- 
one years of age, giving the names, ages and sexes of such 
persons in full, and reporting the same in writing, which shall 
be signed by all the directors and sent to the county superin- 
tendent within fifteen days thereafter. All resident unmar- 
ried persons between said ages shall be entitled to attend the 
schools of their districts. The clerks of the several school 
districts shall, on or before the first day of May of each year, 
make a report to the county superintendent in writing show- 
ing the amount of mone}^ collected and expended for school 
house sites, school houses, and fuel, interest on school house 
bonds, contingent expenses, and for salaries paid teachers, 
within the twelve months preceding. Any school director who 
shall willfully refuse or fail to make any report or per- 
form all the duties required by this section, shall be deemed 
guilty of a misdemeanor, and on conviction before the dis- 
trict court of the proper county, shall be punished by a fine of 
not more than one hundred dollars, or by imprisonment in the 
county jail for a period not exceeding sixty days, in the discre- 
tion of the court. 

Sec. 1536. — Teachers to Keep Records and Make Reports. 
That every person employed to teach a school estab- 



64 COMPILATION OI' THE SCHOOL LAWS 

lished by this act, or any acts now in force, shall keep a proper 
record, and at the end of each term, make a report to the 
county superintendent, showing the whole number of pupils 
that have attended school during such term, giving the names, 
ages, and sexes, the average daily attendance, the branches 
taught, and such other facts as may be deemed important as 
showing the character of the school and the proficiency of 
the pupils ; and for failure to make such report, he may be 
fined in the sum of not more than fifty dolllars, upon convic- 
tion before any justice of the peace. No person shall be 
paid any money for teaching any school established under this 
act until an order is presented, signed by two of the school 
directors of the proper district and endorsed by the county 
superintendent. ■ , 

Sec. 1538. — Bond of County Treasurers as Treasurers of 
School Pwids. 

That the county treasurers shall severally give bond, with 
two or more sureties, as treasurers of the school fund in 
their respective counties, in a sum which shall be fixed by the 
superintendent of public instruction at double the probable 
amount of school funds which shall come into their hands ; 
said bonds shall in no case be for a less amount than ten 
thousand dollars and ,shall be approved by the county superin- 
tendent of the proper county and filed with the superintendent 
of public instruction. 

Sec. \SZ9.— (Revised Acts OQ, Chapter 80.) 

Any tax collector who shall fail to pay over all school 
money collected by him within thirty days after the tenth day 
of each month in which the same is collected, shall be summar- 
ily removed by the governor from the office of collector. 

vSec. 1540. — Penalty for Tax CoUeetors Failing to Turn Over 

Money. 

If the tax collector be also sheriff, such delinquent shall 
also be removed from the office of sheriff and forever there- 
after be disqualified from holding either of said offices, and 
the governor shall appoint a successor, who shall qualify 
according to law, and who shall hold his office during the bal- 
ance of the time of the officer removed. It shall also be the 
duty of the collector of taxes to keep the accounts of special 
taxes levied by school districts, in separate books provided for 
that purpose. - 



OF The territory of new aiexico 65 

ISSUANCE OF SCHOOL BONDS. 



CONTENTS. 

Sec. 1.541. School directors to have power to issue bonds for school 

purposes. 
Sec. 1542. Issue to be determined by qualified electors. 
Sec. 1545. Bonds not to be issued until boundaries of school districts 

have been established. 
Sec. 15 47. Assessor to inake assessment of district after boundaries 

are established. 



Sec. 1541. — Chapter i, Compiled Lazvs of iSgy, Regarding 
the Issuance of Bonds by School Districts, Amended by 
Chapter 8i, Lazvs of ipoj. 

That school directors shall have power and authority to 
borrow money for the purpose of erecting and completing 
school houses by issuing negotiable bonds of the district, to 
run any period of not less than twenty years nor exceeding 
thirty years, drawing interest at a rate not to exceed six 
per centum per annum, with interest payable semi-annually, 
at such a place as the board of directors -issuing the same may 
direct, which said indebtedness shall be binding and obligatory 
on the school districts for the use of which said loan shall be 
made; but no district shall permit a greater outstanding in- 
debtedness than an amount equal to four per centum of the 
assessed value of the property of such district 

Sec. 1542. — Issuing of Bonds to be Determined by Qualified 
Electors. Term and Disposition of Bonds. 

That the directors of any school district may submit to 
the voters of their district at the annual or any special meet- 
ing called for that purpose, the question of issuing bonds as 
contemplated by this act, giving the same notice of such meet- 
ing as is now required to be given for the election of directors 
by this act, and the amount proposed to be raised by the sale 
of such bonds, which question shall be voted upon by the 
qualified electors of the district, and if a majority of all the 
votes cast upon that question be in favor of the issue of such 
bonds, then said board shall issue bonds to the amount voted, 
in denominations of not less than twenty-five dollars, nor ex- 
ceeding five hundred dollars, due not less than twenty, nor 
more than thirty years after date, and redeemable at the 



66 COMPILATION OI' THE SCHOOL LAWS 

pleasure of the district at any time after ten years, which said 
bonds shall be given in the name of the district issuing them 
and shall be signed by the president of the board of directors 
to the county treasurer, taking his receipt therefor, and said 
county treasurer shall advertise for the sale of said bonds to 
the highest bidder, in at least four issues of some weekly 
paper published in his county, or an adjoining county, and 
shall countersign said bonds when negotiated; the county 
treasurer shall place the proceeds of such sale of bonds to the 
credit of the proper district, to be paid out as provided for in 
the manner of special district tax. The county treasurer 
shall stand charged upon his official bond with all bonds that 
may be delivered to him, but any bond or bonds not sold may 
be returned to the district and the treasurer credited with the 
same : Provided, That if such bonds are issued for the 
building of a school house, that the --contractor constructing 
the same may -receive in payment such bonds at their face 
value, or at the price offered by the highest bidder. Provided, 
further, That none of the bonds mentioned in this act shall 
be sold for less than ninety cents on the dollar. 

Sec. \54S.— Bonds Not to Be Issued Until Boundaries of 
School Districts Have Been Bstahlished. 

That no bonds of any district shall be issued or any 
special tax levied until the boundaries of said district shall 
have been established and the property marked by monu- 
ments or by natural objects as provided by law. The boun- 
daries of all school districts in this territory, so far as possible, 
shall coincide with the precinct boundaries, and said boun- 
daries shall be established by the proper authorities, and the 
corners thereof marked by monuments or natural objects 

with the words. District Number , in a permanent manner 

marked upon them, and an outlined map of the district made, 
showing the length and breadth thereof, and the proposed loca- 
tion of the school house ; a copy of said map to be filed with the 
county superintendent. 

Sec. 1547. — Assessor to Make Assessment of District After 
Boundaries Are Established. 

That in any school district where a special tax is in con- 
templation of being levied, or of bonds being issued, and after 
the boundaries of the district have been' properly determined 



01^ The te;rritory of new mexico 67 

and marked for that purpose, it shall be the duty of the county 
assessor to visit said district and make an assessment of all 
taxable property, both personal and real, within said . school 
district, as fully and completely as he is now required to make 
the assessment of the county and he shall be governed by 
the same rules, especially including in such assessment all 
kinds of livestock which graze wholly within the limit of such 
district. The county assessor shall provide each board of 
district directors with a copy of such lists of taxable property 
in the several districts. 



CHAPTER I, LAWS OF 1897. 



Sec. 


1548. 


Sec. 


1549. 


Sec. 


1550. 


Sec. 


1552. 


Sec. 


1553. 


Sec. 


1555. 


Sec. 


1556. 


Sec. 


1557. 


Sec. 


1560. 


Sec. 


1561. 


Sec. 


1562. 


Sec. 


1563. 



CONTENTS. 

Temporary school fund. 

Poll tax for benefit of. 

District clerk to report poll tax. 

Districts maj^ hold real estate. 

May condemn lands. 

Compulsory attendance on school. 

Actual residents to attend schools. 

School month and day defined. 

Exemptions from school tax. 

Cities and towns, provisions. 

Free schools to be maintained in. 

Adjacent territory may be attached for school purposes. 



Sec. IS4S.— Temporary School Fund. 

(As amended by Sees. 17 and 19, Chapter 119, Laws of 
1903.) That the folloMdng are hereby declared to be and are 
to be, temporary funds for common school purposes and shall 
be paid to the county treasurer, to be applied by the county 
treasurer to the general school fund of each respective county : 

First. The proceeds of all sales of intestate estates which 
escheat to the territory. 

Second. All forfeitures or recoveries on bonds of county, 
precinct or territorial officers. 

Third. The proceeds of all fines collected for violation of 
the penal laws. All moneys accruing under the provisions 
of this section shall, on or before the first Monday in January, 
April, July and October in each year, be paid into the county 
treasury by the officer collecting the same, who shall take 
duplicate receipts therefor, one of which he shall file in the 
office of the county clerk, and all officers who fail for two 



68 COMPILATION 0? THE SCHOOL LAWS 

consecutive terms to make such payment and file said dupli- 
cate receipts with the county clerk, or who shall have failed 
to make quarterly reports as now required by law, shall be 
subject to summary removal from office by the board of 
county commissioners at the next regular meeting thereafter, 
and shall also be liable to indictment for malfeasance in office 
and false swearing, and the person so indicted shall upon 
conviction thereof be ineligible to hold said office for the 
period of two years thereafter ; and judges of the district 
court are hereby required at each term to give this section of 
the law a special charge to the grand jury, which body is au- 
thorized to especially inquire into and make presentment of 
offenses committed under this act. 

Fourth. The proceeds of the sales of lost goods or es- 
trays. 

Fifth. All moneys arising from licenses imposed upon 
wholesale and retail liquor dealers, distilleries, breweries, wine 
presses, which now pay license or may hereafter be required 
to pay license. 

Thirty-three and one-third per cent, of all the moneys 
arising from the above enumerated sources, when collected, 
shall be paid into the county treasury to the account of the 
general county school fund of each county in which collected. 
The collector, or person paying in the above enumerated mon- 
eys to the county treasurer shall receive from the county 
treasurer a receipt in full for the amount paid in. 

County treasurers shall quarterly, on or before the third 
Monday in March, June, September and December in each 
year, notify the county superintendent of schools in their 
respective counties of all funds coming into their hands for 
public school purposes during the preceding quarter and the 
total amount of moneys on hand then available for public 
school purposes. - 

Sec. 1549. — Poll Tax. As Amended by Chapter 6i, Laws 

1905- 

That a poll tax of one dollar shall be levied upon all 
able bodied male persons of the age of twenty-one years or^ 
over, for school purposes. It shall be the duty of the clerks of 
the various school districts of the Territory of New Mexico 
to make out separate lists of all persons liable to pay a poll 
tax, resident in their respective districts and the said clerk 
shall receive three dollars, to be paid out of any funds in the 



OF TH^ TERRITORY OF NEW MEXICO 69 

hands of the directors of said school district for such services, 
and no other person shall receive a recompense for such ser- 
vice. It shall be the duty of the said school district clerk to 
collect said poll tax and said clerk shall receive ten per centum 
of all moneys collected from poll taxes. The school district 
clerks are hereby empowered to bring suit in the name of the 
school district for the collection of said poll tax, if not paid 
within thirty days after the first demand has been made for 
the payment of same from any person so delinquent. All 
poll taxes shall be paid to the county treasurer for the use of 
the respecitve school districts in which the same are collected, 
and the treasurer shall pay to the school district clerk his 
• percentage of the gross amount collected: Provided, That 
no resident of any school district shall pay his poll tax to any 
other district than the one in which he resides : And, Provided, 
further. That no poll tax shall be received by any district 
clerk from any resident of any other school district. No prop- 
erty shall be exempt from execution in suits for collection of 
poll taxes and the justices of the peace and constables shall not 
demand fees in advance for such suits. 

Sec. XSSQ.—Duty of District Clerk in Respect to Poll Tax. 
Amended by Chapter 6i, Lazvs ipoj. 

It shall be the duty of the school district clerks to make 
at least four copies of the names of persons liable to pay poll 
tax, and on the first Monday in February he shall post one 
of said lists in some conspicuous place in their respective dis- 
tricts for the information of the people, and on or before the 
first Monday in April the school district clerks shall report 
to the county clerk a complete list of said persons liable to 
pay a poll tax in their respective districts, and shall report 
said list to the county superintendent in writing, and shall 
report to said superintendent the amount of poll tax col- 
lected, from whom collected, the names of persons still delin- 
quent and the reasons for said delinquency, and further, one 
list of such persons liable to pay a poll tax shall be filed in the 
ofiice of said clerks. 

Sec. 1552. — District to Acquire Real Bstate. 

That it shall be lawful for any district to take and hold 
in its corporate name, under the provisions of this act, so much 
real estate as may be necessary for the location and construc- 
tion of a school house and convenient schools : Provided, That 



« 

70 COMPILATION OF THE SCHOOI. LAWS 

the real estate so taken, otherwise than by consent of the 
owner, shall not exceed one acre. The site so taken must be 
situated on some public highway or thoroughfare. 

Sec. 1553. — Condemnation of Land. 

That if the owner of any such real estate refuse or 
neglect to grant the necessary site on his premises, then and in 
that case the directors may acquire title to so much of said 
land as is necessary for school purposes, in the manner now 
provided by law for the condemnation of land for railroads or 
other public purposes, and such lands so taken shall be deemed 
to be taken for public use. 

Sec. 1555. — -Compulsory School Attendance, Proviso. 

(As amended by Chapter 39, Laws 1903 and Chapter 121, 
Laws 1909.) Sub-Section 1. That the school directors or 
board of any school district, town or city in this territory, are 
hereby empowered and required to compel parents, guardians 
or other persons having the control, care or direction of child- 
ren, when such children do not attend some private or denomi- 
national school, to send such children under their control to the 
public school during the entire time such school is in session 
in each scholastic year in their respective school communities, 
except that children referred to in 'this act shall not be less than 
seven nor more than fourteen years of age, or of such physical 
disability as to unfit them for school duties, which disability 
shall be certified to by some regular practicing physician : Pro- 
■vided, That the private or denominational school shall be equal 
in its teaching to the public school of the district; and Provided, 
further, That this section shall not apply to children who live 
more than three miles from a public school. 

Sub-Section 2. Any parent, guardian or other persons 
having the control of children and who shall fail or refuse 
to send such children to school as required by this act, after 
the clerk of the school district or the clerk of any town or 
city school board shall have given public notice containing 
the substance of this act, written or printed in both English 
and Spanish, by posting same in some conspicuous place at 
three separate points within the district, or publishing the same 
in some newspaper within the district, shall be punished 
upon conviction thereof by a fine of not less than $5 nor 
more than $25, or by imprisonment for not more than ten 
days in any county jail : Provided, That if such parent, or 



OP the: territory Olf NEW MEXICO 71 

guardian is not able, by reason of poverty, to buy books for 
any such child, it shall be the duty of any school board of 
any town, district or city, upon the facts being shown to the 
satisfaction of a majority thereof, to purchase, through the 
county superintendent, or through the district, town or city 
superintendent, if there be one, the necessary books for the 
use of said child or children, which books shall be loaned 
to said indigent pupil during the school term, yet shall re- 
main the property of the district under the care and custody 
of the district clerk : Provided, further, That a sum not ex- 
ceeding $50 may be expended in any district in any one year 
for supplying indigent children with such ifecessary books to 
be paid for out of the school fund of such district, by warrants 
drawn as in other cases : And provided also. That there is no 
school taught within two miles of the place of residence of said 
child by the nearest established road. 

Sub-Section 3. County superintendents are hereby vested 
with general supervisory powers in this matter and shall 
require directors to comply with the provisions of the pre- 
ceding section; and it shall be the duty of the presiding judge 
of the district court to give, at each session of the court, 
the substance of this law as a special charge to their respective 
grand juries, and it is made the duty of the district attorneys 
to give particular heed to the prosecution of causes growing out 
of violations of this act; and all fines so collected for the 
violation of this act shall be paid into the county treasury and 
placed to the credit of the school district in which the offense 
occurs. 

Sec. 1556. — Actual Residents Permitted to Attend School Re- 
gardless of Race or Nationality. 

(As amended by Chapter 78, Laws 1901.) That pupils 
who are actual residents of a district shall be permitted to at- 
tend school in the same, regardless of the time when they 
acquire such residence, whether before or after the enumera- 
tion. That any teacher, school directors, or members of any 
board of education connected with the common schools in 
this territory wlio shall refuse to receive any pupil at school 
on account of race or nationality, the said pupil being entitled 
to attend school in said district as hereinbefore provided, 
shall be guilty of a misdemeanor, and upon conviction before 
any justice of the peace or district court, shall be fined in a 
sum of not less than fiftv dollars nor more than one hundred, 



72 COMPILATION OF THE SCHOOI. I,AWS 

and imprisoned in the county jail for three months, and shall 
be forever barred from teaching school or to hold any office of 
honor or profit in this territory. * 

Sub-Section 1. That the superintendent of the county 
is by this act required to summarily remove from office or 
employment any person violating the provisions of the pre- 
ceding section, and upon failure to do so he shall be removed 
from office by the superintendent of public instruction, who is 
hereby authorized and empowered to fill said vacancy. 

Sec. 1557. — Defiuiliuii of School Day and Month. 

That the school month shall consist of four weeks, of five 
days each, and a school day shall consist of six hours. 

Sec. 1560. — Property Exempt from School Taxes. 

That the following classes of property shall be exempt 
from taxation for school purposes : Property of the United 
States, of this territory, of counties, cities, towns and other 
municipal corporations, when devoted entirely to public use, 
and not held for pecuniary profit ; all public libraries ; the 
grounds, buildings, books, papers and apparatus of literary, 
scientific, benevolent, agricultural and religious institutions, 
and societies devoted exclusively to the appropriate object of 
those institutions, and not leased or otherwise used with a 
view to pecuniary profit ; and cemeteries not held for pecuniary 
profit : Provided, That mines and mining claims shall pay a 
tax upon the net product and upon the surface improvements 
only. 

Sec. IS61.— Municipalities Governed by Provisions of 
This Act. 

All cities and towns now organized by virtue of the 
authority of former acts, and all cities and town hereafter 
organized under any law of this territory, shall be governed by 
the provisions of this act. 

Sec. 1562. — Schools in Municipalities Free; Uxceptions. 

In each city or town governed by this act there shall be 
established and maintained a system of free common schools, 
which shall be kept open no less than three nor more than 
ten months in any one year, and shall be free to all children 
'residing in such city or town, between the ages of five and 
twenty years. But the board of education may, when school 



OF THE TERRITORY OF NEW MEXICO 73 

room accommodations are insufficient, exclude for the time 
being children between the ages of five and seven years. 

Sec. 1563. — When Adjacent Territory May be Attached to 
Municipality, for School Purposes. 

Territory outside the city limits, but adjacent thereto,, 
may be attached to such city or town for school purposes, 
upon application to the board of education of such city or town 
by a majority of the electors of such adjacent territory, and 
upon such application being made to the board of education 
they shall, if they deem it proper and to the best interests 
of the school of said city or town and the territory seeking 
to be attached, issue an order attaching such territory to such 
city or town for school purposes and to enter the same upon 
their journal, and such territory shall, from the date of such 
order be, and compose a part of such city or town for school 
purposes only, and the taxable property of such adjacent 
territory shall be subject to taxation, and shall bear its full 
proportion of all expenses incurred in the erection of school 
buildings and in maintaining the schools of such city or town. 
Whenever the territory so attached shall have attained a popu- 
lation equal to that of any ward of such city or town, or 
whenever the taxable property of such attached territory shall 
equal that of any one ward of such city or town, such at- 
tached territory shall be entitled to elect two members of the 
board of education, who shall be elected at the same time 
that other members of the board are elected, by the qualified 
electors of such territory, at an election to be held at such place 
as the board of education may designate. 



74 COMPUTATION OF THE SCHOOI. ,1,AWS 

BOARDS OF EDUCATION IN CITIES AND TOWNS. 



Sec. 


1564. 


Sec. 


1565. 


Sec. 


1566. 


Sec. 


1567. 


Sec. 


1568. 


Sec. 


1569. 


Sec. 


1570. 


Sec, 


1571. 


Sec, 


1572. 


Sec. 


1573. 


Sec. 


1574. 


Sec. 


1575. 


Sec. 


1576. 


Sec. 


1577. 


Sec. 


1578. 


Sec.' 


1579. 


Sec. 


1580. 


Sec. 


1581. 


Sec. 


1582. 


Sec. 


1583. 


Sec. 


1584. 


Sec. 


1585. 


Sec. 


1586. 


Sec. 


1587. 


Sec. 


1588. 


Sec. 


1589. 


Sec. 


1590. 


Sec. 


1591. 


Sec. 


1592. 


Sec. 


1597. 


See. 


1600. 


Sec. 


1601. 



' CONTENTS. 

Board of education in cities and towns. 

May hold real estate. 

Deeds, how to be executed. 

Boards, how elected. 

Vacancies, how filled. 

General powers. 

When officers shall be elected, 

Treasurer to give bond. 

No member to receive pay. 

Duties of president. 

Duties of vice-president. 

Duties of clerk. 

Clerk to give bond. 

May levy additional tax. 

Tax to be paid in money. 

Regular and special meetings. 

Annual report. 

Contracts to be let to lowest bidder. 

Sectarian doctrines not to be taught. 

All school property exempt from taxation. 

Election may be ordered for issuing bonds. 

Mayor to call election for. 

Bonds, how signed. 

Tax levy for interest and sinking fund. 

Coupons, how paid. 

School fund pledged for payment. 

Bonds to be registered. 

Officers to take oath and give bond. 

Transfers of school property. 

Transfers of school property ratified. 

Property to be transferred to school district, 

Unsold parcels of land to be deeded to Board of Education. 



Sec. 1564. — S,chool Boards to be Bodies Corporate. 

The public schools of each city organized in pursuance 
of this act shall be a body corporate, and shall possess the 
usual powers of a corporation for public purposes, by the name 
and style of the Board of Education of the City, (or Town) 

of , of the Territory of New Mexico, and in that name 

may sue or be sued, and be capable of contracting and being 
contracted with, of holding and conveying such real and per- 
sonal estate as it may come into possession of by will or 
otherwise, or as is authorized to be purchased by the provisions 
of this act. 

Sec. 1565. — School Property to be Conveyed to Local Board 

of Bducation. 
Any city or town is hereby authorized and required, 



OF THE TERRITORY OE NEW MEXICO 75 

upon request of the board of education of such city or town, 
to convey to said board of education all property within the 
limits of any such city or town heretofore purchased by any 
such city or town for school purposes and now held and used 
for such purpose, the title to which is vested in any such city 
or town. 

Sec. 1566. — Hozv Deed Shall be Bxecuted. 

All conveyances for the property mentioned in the preced- 
ing section shall be signed by the mayor and attested by the 
clerk of said city or town, and shall have the seal of the city or 
town affixed thereto, and be acknowledged by the mayor of such 
city or town, in the same manner as other conveyances of real 
estate. 

Sec. 1567. — Boards; How Bleated. Incorporated Towns Not 
. Subdivided Into Wards, to Elect Boards of Education. 

At each annual city or town election, there shall be a 
board of education, consisting of two members from each 
ward, elected by the qualified voters thereof, one of whom shall 
be elected annually, and shall hold his office for a term of 
two years, and until his successor is elected and qualified: 
Provided, That no member of the board of education shall be 
a member of the council or town trustees, nor shall any mem- 
ber of the council or town trustees be a member of the board 
of education. That all incorporated towns in the territory 
not laid off in wards shall at the next municipal election elect 
a board of education, consisting of three members, one of 
whom shall serve for the term of three years, one for the 
term of two years, and one for the term of one year, and 
thereafter at each annual election there shall be elected one 
member of the board, who shall serve for the term of three 
years. Each member of the board of education shall be a 
qualified voter of the Territory of New Mexico, and shall 
have resided in the district at least two years next preceding 
the election, and shall be a taxpayer. 

Sec. 1568. — Vacancies; Hozv Filled. 

The board of education shall have power to fill any vacancy 
which may occur in their body : Provided, That any vacancy 
occurring more than ten days previous to the annual election 
and having an unexpired term of one year, shall be filled at 
the first annual election thereafter, and the ballots and returns 



76 COMPUTATION Ot the; SCHOOIy I^AWS 

of elections shall be designated as follows : To fill unexpired 
term. 

Sec. 1569. — To Elect Officers, and Bstablish High School, 
When Necessary. 

The board of education shall have power to elect their 
own officers, except the treasurer; to make their own rules 
and regulations, subject to the provisions of this act; to or- 
ganize and maintain a system of graded schools; to establish 
a high school whenever in their opinion the educational inter- 
ests of the city demand the same, and to exercise the sole 
control over the schools and school property of the city or tov/n. 

Sec. 1570. — When Officers Shall be Elected. 

The board of education at its regular meeting in May of 
each year, shall organize by the election of a president and 
vice-president "from among its own members, each of whom 
shall serve for the term of one year, or until their successors 
are elected and qualified ; they shall also elect a clerk, who shall 
hold his office during the pleasure of the board, and who shall 
receive such compensation for his services as the board may 
allow. 

Sec. 1571. — Treasurer of Municipalities Bx-Officio Treasurer 
of Board of Uducatioii. 

The treasurer of the city or town shall be ex-officio 
treasurer of the board of education, and shall give such bond 
to the board of education as the board may require, said bond 
to be approved by the board of education and filed with its 
clerk. It shall be the- duty of the treasurer to deposit daily 
all money belonging to the board of education, in some re- 
sponsible bank, to be designated by the board of education, 
in the name of such treasurer as such officer, which bank 
shall pay interest on monthly average balances as may be 
agreed upon by such bank and the board of education, and be- 
fore making such deposit the board of education shall take 
from such bank a good and sufficient bond in a sum to be 
designated by the board of education, conditioned that such 
deposit shall be paid on the check or draft of said treasurer. 
The treasurer shall attend all the meetings of the board when 
required to do so ; shall prepare and submit in writing a 
monthly report of the finances of said board, and shall pay 



OF THE TERRITORY OF NEW MEXICO 77 

school moneys only upon a warrant signed by the president, or 
in his absence, by the vice-president, and countersigned by 
the clerk. The treasurer shall receive from the board of edu- 
cation fifty dollars per annum for his services as treasurer, and 
no more. 

Sec. 1572. — No Member of Board of Education to Receive 

Pay, 

No member of the board of education shall receive any pay 
or emolument for his services. 

Sec. 1573. — Duties of President of Board of Education. 

It shall be the duty of the president to preside at all meet- 
ings of the board of education, to appoint all committees, 
whose appointment is not otherwise provided for, and to sign 
all warrants ordered by the board of education to be drawn 
upon the treasurer for school moneys. 

Sec. 1574. — Duties of Vice-President of Board of Education. 

It shall be. the duty of the vice-president to perform all the 
duties of the president, in case of his absence or disability. 

Sec. 1575. — Duties of Clerk of Board of Education. 

It shall be the duty of the clerk to be present at all meetings 
of the board, to keep an accurate journal of its proceedings, to 
take charge of its books and documents, to countersign all war- 
rants "for school moneys drawn upon the treasurer by order of 
the board of education, and to perform such other duties as the 
board of education or its committees may require. 

Sec. 1576. — Clerk Shall Give Bond. 

Before entering upon the discharge of his duties, the clerk 
of the board of education shall give bond in the sum of one 
thousand dollars, with good and sufficient sureties, to be ap- 
proved by the board, conditioned upon the faithful performance 
of the duties of his office. 

Sec 1577.— When and How Additional Tax May be Levied. 

The board of education shall, on or before the first day 
of August of each year, levy a tax for the support of the 
schools of the city or town for the fiscal year next ensuing, 
not exceeding in any one year five mills on the dollar, on all 
personal, mixed and real property within the district which 
is taxable according to the laws of the Territory of New 



78 COMPILATION OF THE SCHOOL LAWS 

Mexico for school purposes, which levy shall be apf)roved 
b}- the city council or town trustees, and when so approved 
the clerk of the board shall certify to it to the county clerk, 
who is hereby authorized and required to place the same on 
the tax roll of said county, to be collected by the collector of 
the county as are other taxes, and paid over by him to the 
treasurer of the board of education of whom he shall take 
a receipt in duplicate, one of which he shall file in his office, 
and the other he shall forthwith transmit to the clerk of the 
board of education. This section shall not be construed to 
change, alter, modify or amend section one thousand five 
hundred and fifty-eight or any part of the act of which it 
is an amendment, with reference to the amount to be raised 
by taxation for school purposes; but the provisions of this 
section with reference to taxation for schools under this section, 
and said law shall be held and taken to be in addition to the 
provisions of the act above referred to in this section. 

Sec. 1578. — Property Subjpcf to Taxation. 

■ The taxable property of the whole city or town, including 
the territory attached for school purposes, shall be subject to 
taxation. All taxes collected for the benefit of the schools shall 
be paid in money, and shall be placed in the hands of the treas- 
urer, subject to the order of the board of education. 

Sec. 1579. — Regular and Special Meetings of Board of 
Education. 

The regular meetings of the Board of Education shall be 
upon the first Monday of each month, but special meetings may 
be held from time to time, as circumstances may demand. 

Sec. 1580. — Reports of Board of Education, Printing and 
Distribution of. 

The board of education, at the close of each school year, 
or as soon thereafter as practicable, shall make an annual re- 
port of the progress, prosperity and condition, financial as 
well as educational, of all the schools under their charge; and 
said report, or such portion of it as the board of education shall 
consider of advantage to the public, shall be printed, either in a 
public newspaper or in pamphlet form, and a copy furnished 
the county and the territorial superintendent. 

Sec. 1581 . — Bxpenditures; Limitations. 
No expenditure involving an amount greater than two 



of THE TERRITORY Of NEW MEXICO 79 

hundred dollars shall be made, except in accordance with the 
provisions of a written contract, and no contract involving 
an expenditure of more than five hundred dollars, for the pur- 
pose of erecting any public buildings or making any improve- 
ments, shall be made except upon sealed proposals, and to the 
lowest responsible bidder. 

Sec. 1582. — Sectarian Doctrines Not to be Taught. 

No sectarian doctrine shall be taught or inculcated in any 
of the public schools of the city or town. 

Sec. 1583. — School Property Exempt Prom Taxation. 

All property held by the board of education for the use of 
public schools shall be exempt from taxation, and shall not be 
taken in any manner for any debt due from the city. 

Sec. 1584. — Election May he Ordered For Issuing Bonds. ■ 
Terms of Bonds. 

Any city or incorporated town in this territory which 
shall, by the action of its common council, trustees or school 
directors, have purchased any ground and building or build- 
ings, or may hereafter purchase any ground and building or 
buildings, or has commenced or may hereafter commence the 
erection of any building or buildings for school purposes, or 
which shall have by its school directors, common council or 
trustees, contracted any debts for the erection of such building 
or buildings, or the purchase of such ground and building or 
buildings, or such school directors, trustees or common council 
shall not have the necessary means with which to complete 
such building or buildings, or to pay for the purchase of such 
ground and building or buildings, or pay such debt, may on 
filing by the school directors, trustees or common council of 
said city or town of a report under oath with the board of 
education of such city or town, showing the estimated or 
actual cost of any such ground and building or buildings, 
or the amount required to complete such building or buildings, 
or purchase such ground • and building or buildings, or 
the amount of such debt, it shall be lawful for the board of 
' education to order an election for the issuing of bonds of 
said school district in said city or town, to an amount to 
liquidate such 'proposed indebtedness. And the said boards of 
education are hereby authorized and empowered to issue such 
bonds in conformity with the requireemnts, and in like man- 
ner that school bonds are issued. And the said boards of edu- 



80 COMPILATION OF THE SCHOOL LAWS 

cation are authorized and empoweerd to issue bonds to raise 
funds for the purchase of school site or sites, or to erect a 
suitable building or buildings thereon, or to fund any bonded 
indebtedness for school purposes of such city or town : Pro- 
7'ided, That no bonds shall be issued until the question shall 
be submitted to the people and a majority of the qualified 
electors who shall vote on the question, at an election called 
for that purpose, shall have declared by their votes in favor 
of issuing such bonds. The rate of interest on such bonds 
shall not exceed six per cent, per annum, payable annually or 
semi-annually, at such place as may be mentioned upon the 
face of said bonds, which bonds shall be payable in no less than 
twenty, nor more than thirty years from their date, and the 
board of education is hereby authorized and empowered to sell 
such bonds at not less than par. 

Sec. 1585. — HlccHons to Vote Bonds. How Canceled. Returns. 

It shall be the duty of the mayor of each city or toAvn 
governed by this act upon the request of the board of educa- 
tion, forthAvith to call an election, to be conducted in all respects 
as are the elections for city or town officers in the same cities or 
towns, except that the returns shall be made to the board of 
education for the purpose of taking the sense of such district 
upon the question of issuing such bonds, naming in the procla- 
mation of such election the amount of bonds asked for, and the 
purpose for which they are to be issued. 

Sec. 1586. — Bonds; by Whom Executed, and JVhat They Shall 

Specify. 

The bonds, the issuance of which is provided for in the 
foregoing section, shall be signed by the president, attested by 
the clerk, and countersigned by the treasurer of the board of 
education; and said bonds shall specify the rate of interest and 
the time when principal and interest shall be paid, and each 
bond so issued shall be for a sum of not less than fifty dollars. 

Sec. 1587. — Tax Levy Par Interest and Sinking Pund. 

The board of education at the time of its annual levy of 
taxes for the support of schools, as hereinbefore provided, shall 
also levy a sufficient amount to pay the interest as the same 
accrues on all bonds issued under the provisions of this act, 
and also to create a sinking fund for the redemption of said 
bonds, which it shall levy and collect, in addition to the rate 
per cent, authorized by the provisions aforesaid for school 



OF the: territory 01^ NEW MEXICO 81 

purposes; and said amount of funds, when paid into the treas- 
ury, shall be and remain a specific fund for said purpose only, 
and shall not be appropriated in any other way except as 
hereinafter provided: Provided, There shall be no levy for 
sinking- fund until ten years after the issue of such bonds, if 
they be for twenty years ; and twenty years after the issue if 
they be for thirty years and the levy in any one 3-ear shall 
not exceed five mills on the dollar for such sinking fund, and 
the total levy in any one year shall not exceed ten mills on the 
dollar for all purposes: Provided, further. That the levy for 
interest on such bonds as may be issued by such city or town 
shall not exceed in any one year an amount required to pay 
the annual interest. 

Sec. 1588. — Coupons to he Promptly Paid, and How Canceled. 
Whenever the interest coupons of the bonds hereinbefore 
authorized shall become due, they shall be promptly paid, on 
presentation, by the treasurer, out of any money in his hands 
collected for that purpose, and he shall endorse upon the face 
of such coupons in red ink the w^ord, Paid, and the date of pay- 
ment, and sign the initials of his name. 

Sec. \S^9.—School Funds and Property Pledged in Payment 

of Interest. 

The school fund and property of such city or town and 
territory attached for school purposes, is hereby pledged to the 
payment of the interest and principal of the bonds mentioned 
•in this act, as the same may become due. 

Sec. 1590. — Duty of Clerk to Register Bonds. 

It shall be the duty of the clerk of the board of education 
to register, in a book provided for that purpose, the bonds 
issued under this act, and all warrants issued by the board, 
which said register shall show the number, date, and amount 
of said bonds, and to whom made payable. 

Sec. 1591. — Official Oaths and Filing of. 

Each member of the board of education and officer pro- 
vided for in this act shall take and subscribe an oath or affirma- 
tion to support the Constitution of the United States and the 
laws of New Mexico, and faithfully perform the duties of his 
ofiice. The oath and bond of the clerk shall be filed with the 



82 COMPILATION OF THE SCHOOL LAWS 

treasurer, and all other oaths and bonds shall be filed with 
the clerk. 

Sec. 1592. — Previous Transfers Legalised. 

That all transfers of school district property heretofore 
made in any school district in this territory are hereby de- 
clared valid and legal, and hereafter school district property 
shall not be transferred by school boards, except upon the 
petition of a majority of the qualified electors of any school 
district desiring such transfer. 

Sec. 1597. — Legalising Transfer of School Property. 

That all transfers of school district property heretofore 
made by any school board in any school district in this terri- 
tory are hereby declared valid and legal and all such transfers 
are hereby ratified and confirmed. 

Sec. 1600. — Board of Trustees to Transfer Certain Property 
to School Districts. 

When the corporate authorities of any town, or the pro- 
bate judge of the county, for any county in this territory in 
which any town may be situated, shall have entered at the 
proper land office the land or any part of the land settled and 
occupied at the site of such town, pursuant to and by virtue 
of the provisions of the act of Congress, entitled, An Act for 
the Relief of Citizens of Towns Upon Lands of the United 
States Under Certain Circumstances, passed May 23rd, 1844, 
and any amendments that may be made thereto, or where 
such land may be entered by the proper authorities under and 
by virtue of any special act of Congress, and where the cor- 
porate authorities have failed, or hereafter fail, to comply with 
the provisions of Chapter 3, Title 40, and any blocks, lots, 
shares or parcels of said land remain unsold, the title to said 
unsold blocks, lots, shares or parcels of land shall vest, and be 
in the school district in which said land is located, and it shall 
be the duty of the' board of trustees of such town to transfer, 
by proper deed of conveyance, said unsold blocks, lots, shares 
or parcels of land to the board of education of such school 
district. 

Sec. 1601.— Unsold Parcels of Land to be Deeded to the 
^ Board of Education. 

Within thirty (30) days after the passage of this act, 
the board of trustees of any town, located as above and hav- 
ing unsold blocks, lots, shares or parcels of land therein, shall 
deed the same to the board of education of such school dis- 



OF TPIE: Te;RRITORY OE" new MEXICO 83 

trict, in case said unsold blocks, lots, shares, and parcels of 
land have not been heretofore transferred to the said board 
of education ; and any transfer of such unsold' blocks, lots, 
shares, or parcels of land heretofore made by the board of 
trustees of any town to the board of education 6i such school 
district are hereby declared valid and legal, and all such trans- 
fers are hereby ratified and confirmed. 



APPRAISERS. 



Sec. 


1602. 


Sec. 


1603. 


Sec. 


1604. 


Sec. 


1605. 


Sec. 


1606. 


Sec. 


1607. 


Sec. 


1608. 


Sec. 


1609. 


Sec. 


1610. 


Sec. 


1611. 



CONTENTS. 

Appraisers to be appointed. 

Duty of appraisers. 

Lots not to be sold for less than appraisement 

Public sale to be advertised. 

Sale may be continued. 

New appraisements, when. 

Proceeds of sale, how applied. 

Persons having improved may purchase. 

Purchaser to pay certain expenses. 

Deeds, how executed. 



Sec. 1602. — Boards of Appraisers to be Appointed. 

The board of education of any such school district, after 
such unsold blocks, lots, shares or parcels of land shall be 
conveyed as above provided, shall appoint by order or reso- 
lution a board of appraisers, to consist of three freeholders 
of any school district, who shall have no interest in said 
unsold blocks, lots, shares or parcels of land or the improve- 
ments thereon. Each of said appraisers shall take an oath to 
faithfully discharge his duties as such appraiser and shall 
file such oath in the office of the clerk of said board of educa- 
tion before commencing his duties as such appraiser. In case 
such appraiser should fail or neglect to make, the appraisement 
hereinafter specified and file the same with the clerk of such 
board of education within ten days after their appointment, 
then said board may appoint a new board of appraisers for the 
purpose herein provided. 

Sec. 16Q3. — Duty of Appraisers. 

Said appraisers shall appraise all such blocks, lots, shares, 
and parcels of land thus conveyed to such board, of education, 
at their just and full cash value, and file their written ap- 
praisement as aforesaid. Said appraisement shall contain a 



84 COMPILATION OF THE! SCHOOL LAWS 

description of each lot or parcel of land so appraised and a 
statement of the cash value of each lot and parcel of land so 
appraised. Said appraisers shall make a separate statement 
of the value of such lots and parcels of land without improve- 
ments and the aggregate value of both ; there shall be attached 
to such appraisement a written affidavit of the said appraisers, 
verifying each statement of such appraisement and alleging 
that each of said lots or parcels of land is appraised at its just 
and full value. 

Sec. 1604. — Lots May he Sold at Not Less than Appraised 

Value. 

Any or all of said lots may be sold at any time by such 
board of education either at public vendue to the highest bid- 
der for cash, or at private sale for cash, in the discretion of 
the board of education : Provided, That ho block, lot, share 
or parcel of land- shall be sold for less than the appraised value 
thereof. 

Sec. \60S, —Procedure in Respect to Sale of Lots. 

When any said blocks, lots, shares, or parcels of land 
are to be sold at public vendue, the president of the board of 
education shall give notice, signed in his official capacity, of 
the time and place of sale of blocks, lots, shares or parcels of 
land to be sold, by advertisement, published in the county 
where such school district is situated, or if no ncAvspaper is 
published in- said county, then in the newspaper published near- 
est said school district. Such public sale shall be advertised to 
be made at some public place in said town, and to be sold at 
some specified time between the hours of sunrise and sunset. 

Sec. 1606. — Hozv Offered For Sale. 

Such lots or parcels of land shall be offered for sale singly, 
unless a greater price can be obtained by selling several lots or 
parcels of land together, in which case several lots or parcels 
of land can be sold together. Such public sale may be con- 
tinued, if necessary, from day to day, for a period not to exceed 
three days at any one sale. 

Sec. 1607. — New Appraisements. 

A new appraisement of lots or parcels of land to be sold 
shall be made in case no appraisement thereof has been made 
for three months next preceding the date of such sale. Said 



OF tut TERRITORY OF NEW MEXICO 85 

new appraisement shall be made, either by the old board of 
appraisers, or a new board of appraisers, to be appointed in 
the same manner and with the same qualifications as the first 
board of appraisers. New boards of appraisers may be ap- 
pointed whenever necessary to have any of said blocks, lots, 
shares or parcels of land appraised for sale. 

Sec. 160S.— Money; How Applied. 

The moneys arising from the sale of said blocks, lots, 
shares and parcels of land, after defraying the expense of such 
sales, shall be paid into the treasury of such school district and 
applied to the support and maintenance of free, non-sectarian 
public schools, within the limits of any such school district, or 
used and expended by said school district in the erection of 
school buildings for the use of the public schools of said district 
and for furnishing such buildings, and for no other purpose. 

Sec. 1609. — Persons Having Improved, May Purchase. 

In all cases when prior to the taking effect of this act any 
person may have entered thereon and improved any lots be- 
longing to such school district, such person, ^after the report 
of such board of appraisers, may purchase any of such lots 
from the said board of education for cash at the appraised 
value of said lots, exclusive of improvements. 

Sec. 1610. — Purchaser Shall Pay Certain Expenses. 

All persons purchasing any lots or parcels of land as above 
provided shall pay for the drawing, execution and acknowledg- 
ment of the deed of conveyance, together with fifty cents to 
the clerk of such board of education, for attestation with seal of 
said board of education, by the clerk of said board. 

Sec. 1611. — Deeds, Hozv Executed. 

All conveyances of lots or parcels of land mentioned in 
this act shall be signed by the president of the board of educa- 
tion and attested by the clerk of said board, and shall have the 
seal of said board of education affixed thereto, and be acknowl- 
edged by the president of the board of education in the same 
manner as other conveyances of real estate. 



86 COMPILATION 01' THE SCHOOL LAWS 

ORPHAN'S HOME AND INDUSTRIAL SCHOOL.. 



CONTENTS. 

Sec. 1617. How constituted; leg'al designation. 

Sec. 1618. Board of Supervisors, how constituted. 

Sec. 1619. Control, how provided for. 

Sec. 16 20. Children, how provided for. 

Sec. 1621. Expenses, how paid. 

Sec. 1622. Orphan children to be placed in families. 



Sec. 1617. — Hozv Constituted; Legal Designation. 

From and after the passage of this act the Asylum of the 
Sisters of Charity of Santa Fe shall be constituted an orphans' 
home and industrial school for the care, support and education 
of the orphan and indigent children of the Territory of New 
Mexico, and to be known and legally designated as the Or- 
phans' Home and Industrial School of the Territory of New 
Mexico. 

Sec. 1618. — Board of Supervisors; Hozv Constituted; Duties. 

The governor of the Territory of New Mexico, his. grace, 
the Most Reverend Archbishop of Santa Fe, and Hon. Mari- 
ano S. Otero, of Bernalillo, are hereby declared a board of 
supervisors for the said Orphans' Home and Industrial School, 
and qualified to act as such by virtue of this act, and who 
shall serve as such board of supervisors for the term of two 
years, and until their successors shall be appointed by the 
legislature; but in case of a change meanwhile in the office 
of governor, the governor succeeding shall immediately be- 
come a member of such board, and in case of the death, re- 
signation, absence, removal or inability to act of any one 
member of said board, the remaining two shall constitute a 
full board until the appointment of a new member or the 
re-appearance and re-qualification of the third member, as the 
case may be. It shall be the duty of said board of supervisors 
to receive and approve all applications for admission to said 
Orphans' Home and Industrial School, to pass upon, examine 
and audit all accounts for the proper carrying on of said in- 
stitution, and issue vouchers therefor, to visit the said institu- 
tion from time to time, and faithfully look after the moral and 
intellectual progress of its inmates. 

Sec. 1619. — Control; Hozv Provided For. 
The said Orphans' Home and Industrial School shall be 



OF THE TERRITORY OF NEW MEXICO 87 

under the care, charge, control, and custody of the Sisters of 
Charity of Santa Fe, subject to the general supervision of the 
board of supervisors hereby created, and to all orders issued 
by said board. 

Sec. 1620. — Children; Hozv Provided For. 

The said Sisters of Charity, under whose care, custody 
and control said orphan and indigent children of the terri- 
tory are hereby placed, are to board, clothe and instruct said 
children in the common school branches, and shall receive as 
compensation therefor the sum of ten dollars per month for 
each of said children so boarded, clothed, instructed and 
cared for. 

Sec. 1621. — B.i'penses; How Paid. 

The costs, charges and expenses which shall be incurred 
by the said board of supervisors hereby created, from time 
to time, shall be met and defrayed out of the territorial treas- 
ury upon the written order of the said board, signed by a- ma- 
jority of its members. 

Sec. 1622. — Orphan Children to be Placed in Families. 
Expenditures Limited; Proviso. 

It shall be the duty of the probate judges in the several 
counties to place all orphan and indigent children with some 
good and responsible person, who will agree to care for, edu- 
cate and teach them to work for a certain number 'of years, 
to be agreed upon, and it shall be the duty of said Sisters 
of Charity to use their best endeavors in like manner to place 
such children in families for the same purpose : Provided, 
hozvever, That no more than five thousand dollars shall be 
expended in any one year of twelve months for the purposes 
of this act : Provided, Ten children may be kept at Bernalillo, 
but under the direction of the Sisters at Santa Fe. 



DIPLOMAS AND DEGREES. 



Sec. 1624. — Diplomas; Power to Grant. 

All colleges, universities, and institutions of learning now 
organized, or that may be hereafter organized, under the pro- 
visions of the incorporation laws of the Territory of New 



88 COMPILATION OF THE SCHOOI. LAWS 

Mexico, be, and they are hereby, authorized and empowered to 
grant diplomas, confer degrees and all other literary honors 
usually conferred by such institutions. 



ARBOR DAY. 



Sec. 1625si.—Seco}id Friday of March in Bach Year Set 
Apart as Arbor Day. Day Designated to be Holiday in ail 
Public Schools. Governor to Issue Proclamation. 

The second Friday in March of each year shall be set 
apart and known as Arbor Day, to be observed by the people 
of this territory in the planting of forest trees for the benefit 
and adornment of public and private grounds, places and ways, 
and in such other efforts and undertakings as shall be in har- 
mony with the general character of the day so established; 
Provided, That the actual planting of trees may be done on 
the day designated or at such other most convenient time as 
may best conform to local climatic conditions, such other 
time to be designated and due notice thereof given by the 
several county superintendents of schools for their respective 
counties. 

The day as above designated shall be a holiday in all pub- 
lic schools of the territory, and school officers and teachers 
are requi-i-ed to have the schools under their respective charge 
observe the day by planting of trees or other appropriate 
exercises. 

Annually, at the proper season, the governor shall issue 
a proclamation, calling the attention of the people to the 
provisions of this act, and recommending and enjoining its 
due observance. The respective county superintendents of 
. schools shall also promote by all proper means the observ- 
ance of the day, and the said county superintendents of schools 
shall make annual reports to the governor of the territory of 
the action taken in this behalf in their respective counties. 



OF THE TERRITORY OF NEW MEXICO 89 

4 

ELECTIONS. 



CONTENTS. 

Sec. 1698. Election day established. 
Sec. 1699. Terms of county officers. 



Sec. 1698. — First Tuesday After First Monday in November 
of Even Years to be Day for Election of Territorial Dele- 
gate, Members of Legislature and County Officers. 

The Tuesday next after the first Monday in Novem- 
ber, in the year 1876, is established as the day in this terri- 
tory for the election of a delegate to the forty-fifth congress, 
all the county officers required by law to be elected in this 
territory, and for members of the legislative assembly of this 
territory. And the Tuesday next after the first Monday in 
November in every second year thereafter, is established as 
the day for the election in this territory of a delegate to the 
congress commencing on the fourth day of March next there- 
after, and all county officers required by law to be elected 
in this territory, and for the election of the members of the 
legislative assembly of this territory, commencing next after 
said last mentioned Tuesday. 

Sec. 1699. — Terms of County Officers to Begin First Day of 
January After Election and Qualification. 

Hereafter the terms of office of all county officers, who 
may be elected according to the provisions of the preceding 
section, shall commence on the first day of January, next 
after their election, or as soon thereafter as they may have 
duly qualified; and the terms of all such county officers, 
whether now in office or hereafter elected, shall expire on the 
first day of January, next after said election, or as soon there- 
after as their successors may have duly qualified. 

(For contents under County Officers, see Section 1726- 
1736). 

(See Sections 1756-1757). 



90 COMPILATION OF THE SCHOOL LAWS 

FIREMEN. 



CONTENTS. 

Sec. 1763. Certificate of five years' service, prima facie evidence to 

entitle exemption. 
Sec. 176 4. Penalty for foreman for granting illegal certificates. 



(Active members of fire companies entitled to certain ex- 
emptions). 

Sec. 1763. — Persons Serving Five Years as Firemen in Ter- 
ritory Untitled to Certificate of Bxem[>tion From Certain 
Taxes and Military Duties. 

Any person who has served five years as a fireman in this 
territory as aforesaid, and who shall present to the clerk of 
the county in which he resides, the certificate or certificates 
of the president, foreman or captain of the company or com- 
panies to which he may have belonged, countersigned by the 
secretary of the same, shall have the said certificate or certi- 
ficates recorded by said county clerk in a book which he shall 
keep for that purpose, and it shall be the duty of said probate 
or county clerk to return said certificate or certificates, to- 
gether with his own under seal, to the person entitled thereto, 
setting forth the name of the company or companies of which 
said person was a member and the length of time he had 
served as such, for which the said clerk shall be entitled to a 
fee of one dollar, to be paid by the person obtaining the cer- 
tificate. Such certificate shall be received in all courts and 
places as prima facie evidence that said person is entitled to 
the exemption herein provided. 

Sec. 1764. — Fire Company Officials Illegally Issuing Such 
Certificates Liable to Fine of $^o to $300, Which Shall Go 
to School District Fund. 

If the president, foreman or captain of any such fire 
company, shall knowingly grant or issue any illegal certificate 
under the provisions of this act, he shall be deemed guilty of 
a misdemeanor and subject to a penalty in amount not less than 
fifty, nor more than five hundred dollars for each offense, to 
to be collected before any court having competent jurisdiction, 
and when collected, to be paid into the treasury of the public 
school district where the offense was committed. 

(See Section 1765-1766). 

(See Section 1771). 



OF THE TERRITORY OF NEW MEXICO 91 

FENCES. 



CONTENTS. 

Sec. 1825. Illegal to use private roads and open fences. 

Sec. 1826. Persons opening gate for passage over private property, 

not closing, liable for all damages. 
Sec. 1827. Failure to close gate also misdemeanor. 



vSec. 1825. — Illegal to Open Private Fences for Purpose of 
Using Roads Passing Through Private Property. 

That it shall be illegal for any person or persons in the 
Territory of New Mexico, to open any fence or fences of any 
private individual or individuals, for the purpose of using the 
road, or roads, passing through the private property of any 
person or persons. 

Sec. 1826. — Persons Passing ThrougJi Private Property and 
Failing to Close .Gate^ Liable for Damages Resulting to 
Land and Crops. 

That any person, or persons, who hereafter will open the 
gate of any fence, or fences, of any person or persons, the 
same being private property, for the purpose of passing as 
aforesaid, shall close said gate, and if any person, or persons, 
so passing, shall neglect to close the gate of any fence or 
fences after having opened the same, shall be subject and 
responsible for the damage to the land, crop, or grass of the 
owner, or owners, of such land, through such neglect ; and 
such damage shall be appraised as now provided by law. 

Sec. 1827. — Failure to Close Gate Also Misdemeanor, and 
Fines Collected to Go to County School Fund. 

That in addition to the damage provided for in this act, 
such person or persons, violating the privileges of this act, 
shall be deemed guilty of a misdemeanor and upon conviction 
therof before any justice of the peace, shall be fined in a sum 
not less than five, nor more than ten dollars, to be collected as 
now provided by law, which fine shall go to the general school 
fund of the county. 



92 COMPUTATION OF THE SCHOOI. I^AWS 

HIGHWAYS. 



Sec. 1867. — Persons Attempting to Avoid Payment of Tolls 
on Toll Roads, Bridges or Ferries, Liable to Fine, Which 
Shall Go to County Public School Fund. 

That any such corporation so constructing, keeping, and 
maintaining any such wagon road, bridge or ferry shall have 
power and authority to charge, receive and collect the rates, 
tolls and charges fixed, as aforesaid, from any person or per- 
sons, companies or corporations so using such road, bridge 
or ferry, and to prohibit any such persons from using the 
same until the rates, tolls and charges are paid or tendered ; 
and any such persons using or attempting to use the same 
until the rates, tolls, and charges are so paid or tendered shall 
be deemed guilty of a misdemeanor, and on conviction thereof 
before any justice of the peace having jurisdiction shall be 
fined in any sum, for each offense, not less than five dollars, 
nor more than ten dollars, said fine to go to the public school 
fund of the county. 

(District judge may issue a commission to inquire into 
the lunacy or habitual drunkenness of territorial residents or 
holders of real estate in the territory). 



HABITUAL DRUNKARD. 



Sec. T911. — Committee of Habitual Drunkard or Lunatic to 
Apply Estate to Maintenance of Charge and Education of 
Minor Children. 

The committee of said person found to be a lunatic or 
habitual drunkard, shall have the management and control 
of his person and estate, and shall from time to time apply so 
much thereof as may be necessary for support and main- 
tenance of himself and family, and for the education of his 
minor children. 

(If income insufficient, committee may apply part of 
principal of personal estate under direction of court, or sell 
real estate). 



OF THE TERRITORY OF NEW MEXICO 93 

REAL ESTATE OE MINORS. 



CONTENTS. 

Sec. 2055a. No person to convej^ property without providing for legiti- 
mate children. 
Sec. 2055b. Probate judge may act in such cases. 



Sec. 2055a. — Unlawful for Persons to Dispose of Property 
in Territory Without Making Proz'ision for Support and 
Education of Minor Children. 

No person who has been, is now, or may hereafter be a 
citizen of this territory, and who has departed from, or left 
the same, and who shall have acquired, or may acquire, resi- 
dence in any other part, leaving in this territory any legitimate 
children under the age of twenty-one years, shall, either by 
will or otherwise, sell, convey, nor in any manner dispose of 
his or her property, real or personal, in this territory, unless he 
or she shall first have made provision for the support and edu- 
cation of said minor child or children, to the satisfaction of 
the probate judge of the county wherein such child or children 
shall be; and any will, contract, deed, or other instrument in 
writing whereby it shall be proposed to convey any property 
contrary to the provisions of this act, shall be and is hereby 
declared, absolutely void and of no effect, and the same shall 
not be recorded nor verified in any public record in this terri- 
tory nor in any county thereof. 

Sec. 2055b. — Probate Judge or Interested Party May Peti- 
tion District Judge, who May, after Suit, Decree Sale of 
Property for Support and Education of Minor Children, 
and Appoint Guardian for Them. 

That the probate judge of any county wherein such child 
or children shall be, or wherein any such property of any such 
person or persons shall be located, or any other interested 
party, may file in the district court of such county a peti- 
tion, addressed to the presiding judge thereof, stating that 
such child or children of such person or persons is or are 
within the county, and that such person or persons have prop- 
erty in said territory, and that said property and the proceeds 
thereof, or any part thereof, is necessary for the use of said 
child or children for their own support and education; and 
that said property, or so much thereof as may be necessary for 



94 COMPILATION OF THE SCHOOL LAWS 

said purposes, may be sold and applied for said uses, which 
said petition shall be filed in said district court as a bill in 
equity, and thereupon said suit shall be carried and determined 
as other causes in equity in said court, and if the court shall 
be satisfied that the proceeds of said property, or any part 
thereof, shall be necessary for the support and education of 
said child or children, the court shall decree in said cause, 
directing the sale of said property, or so much thereof as may 
be necessary for the proper sustenance and education of said 
child or children, and shall appoint a proper person to act as 
guardian of said child or children, who shall receive and dis- 
burse the proceeds of any such sale ; and said sales shall be 
conducted and be made as other sales under a decree in equity 
in said court. 



LAND GRANTS. 



Ser. 2178. — Money front Sale or Lease of Common Lands 
of Conmuuiity Grants to Go to Public Scliools. 

' The money arising from" the sale, lease or other disposi- 
tion of the common land of any such corporation (community 
land grant) after defraying the expenses of such corporation, 
may be by the board of trustees of any such corporation ap- 
plied to the support and maintenance of free, non-sectarian 
public schools within the limits of any such land grant or 
real estate. 



MILITIA. 



Sec. 2279. — Superintendents of Territorial Military Schools 
Having Uniformed and Equipped Cadets, io Serve on 
Governor's Staff. Report of Annual Inspection of Such 
Schools to Appear in Report of Adjutant General. 

That all military schools within the territory, the cadets 
of which are fully uniformed and equipped, shall be entitled 
to have the superintendent of said school commissioned as 
aide-de-camp on the staff of governor and commander-in- 
chief, with the rank of major, in addition to the number of 
aide-de-camp hereinbefore provided for. - The governor and 



OF" The territory of new MEXICO 95 

commander-in-chief shall cause an annual inspection to be 
made of the discipHne, courses of study, and general manage- 
ment of all military schools within the territory, a report of 
which inspection shall appear in the annual report of the ad- 
jutant general. 

(See Sections 2373-2388). 



RENTS AND TOLLS OF WATER WORKS. 



Sec. 25 IL — Proceeds of Rents and Tolls of Water Works in 
Disincorporated Municipalities to he Applied in Various 
Ways, Including Support of Schools. 

All moneys which may be received as the proceeds, rents, 
tolls or charges of any water works, water or other property 
of such disincorporated city or town shall be applied : First, 
to pay the employes provided for in the next preceding sec- 
tion to keep such water works and other property in 
repair; second, to pay the interest on the funded indebtedness 
of such corporation ; third, to create a sinking fund with which 
to purchase, redeem or pay off such funded indebtedness or 
any part thereof, from time to time as such board of county 
commissioners may elect ; fourth, after all such funded indebt- 
edness shall be paid, then to the support of all public non-sec- 
tarian schools within the limits of such city or town as existed 
at the time of such disincorporation, unless otherwise provided 
by law ; such dispositions to be made in the order before stated. 

(See sections 2523-2528). 

(See sections 2611-2616). 



' OBSTRUCTION OF STREETS. 



Sec. 2677. — Illegal to Impede Travel on Streets and Alleys 
by Structures, Excavations or Obstructions, Though One- 
Third of Street May be Occupied by Building Material. 

It shall, be illegal for any person to impede or obstruct 
the free travel of the streets or alleys of any city or town of 



96 COMPILATION OF" THE SCHOOL LAWS 

this territory ; and any person or persons who shall obstruct, 
impede or embarrass the free transit of any street or alley 
within any to^^'n or city of this territory, either by the con- 
struction of cow or sheep pens, or by excavations or any other 
embarrassment or obstruction, of whatsoever nature it may 
be, shall be liable to a fine in any sum not less than five dollars 
nor more than ten dollars, on conviction thereof before the 
justice of the peace of the respective precinct: Provided, 
That every person actually occupied in the construction or 
building of a house may use for his building materials one- 
third part of the street or alley contiguous thereto. 

Sec. 2678. — Justices of Peace to Cause Streets io he Cleared 
of Cattle and Sheep Pens, Excavation and Impediments. 
Justices Palling to Comply Liable to Pine. 

It shall be the duty of the various justices of the peace 
of the different precincts in this territory, as soon as they 
receive this act, to cause the streets or- alleys of the towns or 
cities within their respective precincts to be cleared, and all 
pens, either for cattle or sheep, excavation or any other impedi- 
ment to be immediately removed by the person or persons 
maintaining the same; and if the person or persons keeping 
such obstructions refuse to remove the same, said justice of 
the peace shall cause said impediment or obstruction to be 
removed at the cost of the person maintaining the same: 
Provided, That if any justice of the peace of any precinct 
of this territory shall fail to comply with the duties on him 
imposed by this act, on conviction thereof, before the justice 
of the peace of the county in which such refusal was com- 
mitted, he shall be fined in any sum not less than five nor 
more than ten dollars, for each time he may so be convicted. 

Sec. 2679. — Pines Imposed Under This Act to Co to Connty 

School Pund. 

The fines imposed by virtue of the above sections shall be 
paid into the school fund of the county in which the same 
w^ere imposed. 



OF the: territory of NE:w MEXICO 97 

LICENSES. 



CONTENTS. 

Sec. 4125. License to be issued for what period. 
Sec. 4141. Occupation tax imposed. 

First — Peddler's license. 

Second — Dealers in merchandise not exceeding $10,000. 

Third — Dealers in merchandise $10,000-$20,000. 

Fourth — Dealers in merchandise $20,000-$50,000. 

Fifth — Dealers in merchandise $50,000-$75,000. 

Sixth — Dealers in merchandise $75,000-$100,000. 

Seventh — Dealers in merchandise over $100,000. 
Sec. 4142. Real estate agents. 
Sec. 4143. Insurance agents. 

Sec. 4144. Hotels or inns, livery stable keepers and stage lines. 
Sec. 4145. Pawnbrokers. - 
Sec. 4146. Places of amusement. 

Sec. 4147. How applications for license to be made. 
Sec. 4148. Licenses payable in advance. 
Sec. 4149. Penalty for violation of provisions of act. 
Sec. 4150. Laws regarding liquor and gaming licenses not affected by 

this act. 
Sec. 4152. Nickle-in-the-slot machines to be licensed. 
Sec. 4153. Penalty for failure to comply with requirements of this act. 



Sec. .4125. — Liquor License Taxes to he Collected Annuallv. 
Officers Delivering License Before Tax is Paid, to Forfeit 
to School Fitud Double Anwunt of License. 

(As amended). Eveiy license herein provided for, 
(liquor) shall be issued annually, to be issued and collected 
and the proceeds to be disposed of as provided by law. Any 
officer who shall deliver to the applicant any such license until 
the tax thereon has been paid as herein provided, shall forfeit 
to the said school fund double the amount of said license, to 
be recovered upon the official bond of said officer. 

Sec. 4141. — License Taxes to be Imposed Annually on Certain 
Business, Half to Go to School Fund. 

That a license tax or occupation tax, one-half to be paid 
into general school fund, and one-half to the general current 
expense fund of the respective counties, shall be imposed each 
year upon the hereinafter mentioned business or avocations 
carried on by any person within the Territory of New Mexico : 

First (As Amended). Specifying Amount of Peddler's 

License. 

Peddlers traveling on foot, or with one animal shall pay 
two hundred and fifty dollars ; peddlers with two animals or 



98 COMPUTATION OF THE SCHOOL LAWS 

more, three hundred dollars : Provided, That each vehicle 
used ill such business by the same peddler shall require each a 
separate license, and such license so issued to any peddler shall 
only be good in the county in which the same may be issued. 
All persons who may engage in any itinerate trade, by sample 
or otherwise, selling at retail to individual purchasers who are 
not dealers in the article sold, except in the selling of maps, 
books, newspapers, fuel, fruits, and domestic machinery, shaU 
be considered peddlers within the meaning of this act. 

Second (As Amended). Tax for Dealers in Merchandise, 
Other Than Liquors, Whose Sales Do Not Exceed $io,- 
000 Annually. 

Dealers in merchandise other than liquors, whose annual 
sales do not exceed three thousand dollars ($3,000.00) shall 
pay a license tax of five dollars ($5.00) per annum. Dealers 
in merchandise other than liquors, whose annual sales exceed 
three thousand dollars ($3,000.00) and do not exceed ten 
thousand dollars ($10,000.00) shall pay a license tax of ten 
dollars ($10.00) per annum. 

Third. — Tax for Dealers in Merchandise, Other Than Li- 
quors, Whose Sales Run, Prom $io,ooo to $20,000 An- 
nually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds ten thousand dollars, and do not exceed twenty 
thousand dollars, shall pay a license tax of twenty dollars per 
annum. 

Pourth. — Tax for Dealers in Merchandise, Other Than Li- 
quors, Whose Sales Run Prom $20,000 to $50,000 An- 
nually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds twenty thousand dollars, and do not exceed fifty 
thousand dollars, fifty doMars. 

Pifth. — Tax for Dealers in Merchandise, Other Than Liquors, 
Whose Sales Run Prom $50,000 to $J 5,000 Annually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds fifty thousand dollars, but do not exceed seventy- 
five thousand dollars, seventy-five dollars.- 



01- ■ Till' TFvRRlTCRY OF NEW MEXICO 99 

Sixth. — Tax for Dealers in Merchandise^ Other Than Liquors, 
Whose Sah^s Run From' $/^,ooo to $100,000 Annually. 

Dealers in merchandise, other than Hquors, whose annual 
sale exceeds seventy-five thousand dollars, and do not exceed 
one hundred thousand dollars, one hundred dollars. 

Seventh. — Tax for Dealers in Merchandise, Other Jliaii Li- 
quors, Whose Sales Exceed $100,000 Annually. 

Dealers in merchandise, other than liquors, whose annual 
sale exceeds one hundred thousand dollars, one hundred and 
fifty dollars. 

Sec. 4142. — Real States and Collection Agents JVorking on 
Cofiiniission to be Taxed $10 Annually. 

All real estate, or collection agents, or those who buy 
and sell rear estate on commission, or engaged in the collec- 
tion of rents from real estate on a percentage or commission, 
shall pay the sum or amount of ten dollars per annum. 

Sec. 4143. — Insurance Agents Taxed $10 Annually. 

All insurance agents, or those engaged in the business as 
agents in soliciting or issuing life or fire insurance, shall pay 
the sum of ten dollars per annum. 

Sec. 4144. — (As Amended). — Taxes for Hotel and Restau- 
rant Keepers, Ozi'iiers of Livery Stables and Stage Lines 
Specified. 

(As Amended). Keepers of hotels, inns or restaurants, 
where food or lodging is provided, and whose annual receipts 
exceed dhe thousand dollars, and do not exceed two thousand 
dollars shall pay a license tax of twenty dollars per annum ;' 
those whose annual receipts exceed two thousand dollars, and 
do not exceed five thousand dollars shall pay a license tax of 
forty dollars per annum, and all whose annual receipts exceed 
five thousand dollars, shall pay a license tax of sixty dollars 
per annum-. 

All keepers of livery or feed stables and owner of stage 
lines shall pay a license tax of ten dollars per annum. 

The provisions of this section shall not apply to private 
boarding houses where food or lodging is not furnished to 
travelers or transients. 



100 COMPILATION OF THE SCHOOL LAWvS 

Sec. 4145. — Pawnbrokers to he Taxed $2^0. 

All pawnbrokers, or persons whose business is to trade 
or receive by way of pledge or pawn, any kind of personal 
property as security for the repayment of money loaned, or 
advanced, shall pay a license tax of two hundred and fifty 
dollars : Provided, That this section shall not apply, nor said 
license tax be required of any person advancing money, and 
taking such security, who shall not be regularly engaged in 
such business of pawnbroker. 

Sec. 4146. — Buildings and Premises for Public Amusements 
to be Taxed, Unless Used in Whole or Part for Bduca- 
tional Purposes. 

All persons who are the owners, or have under their con- 
trol or management any building or premises used as a place 
of public amusement or entertainment and who shall rent, or 
hire the same for theatres, public balls and public entertain- 
ments for hire, where such hall or building has a seating- 
capacity of three hundred persons, shall pay a license tax of 
ten dollars per annum, and where such hall or building has a 
seating capacity of more than three hundred persons, shall pay 
a license tax of twenty-five dollars per annum : Provided, 
This shall not apply to any building used in whole or in part 
as an educational institution. 

Sec. 4147. — (As Amended). — Applicants for License Tax, 
Other Than Liquors or Gamming Tables, to Pill Out Appli- 
cation Under Oath. Duties of Assessor and County Clerk, 
and Penalty for Delivering License Before Receiving Col- 
lector's Receipt. ' 

(As Amended). Every person, firm or corporation who 
is required to pay an occupation or license tax other than for 
the sale of liquors or for games or gaming tables, shall, before 
doing business, make out an application, under oath, stating 
the names of the applicants, the character of the business for 
which the license is desired, the place where such business is 
to be conducted, the time the license is to run, and, if the 
amount of the license tax is to be graded by the amount of 
business to be done, or by any other condition relating thereto, 
then such application shall also state the amount of busi- 
ness done the preceding year, or if no business has been trans- 



OF The; territory oF ni^w me^xico lOl 

acted, then the approximate amount of the annual business 
expected to be done by the appHcant, or the conditions required 
to be known in order to determine the Hcense tax to be paid. 
The appHcation, when so made out, signed and sworn to 
shall be presented to the assessor of the county in which the 
business is to be done, who shall assess and fix the amount of 
such license tax, and notify the applicant of the amount to be 
paid. The applicant shall then pay the amount of such license 
tax to the collector of the county, who shall issue a receipt 
therefor and deliver the same to the assessor. Upon receiv- 
ing such receipt, the assessor shall enter a description of such 
application in the list rec[uired by section 4155 as amended in 
section 5, of this act, and deliver the application collector's 
receipt to the clerk of his county. The county clerk shall file 
such application and receipt in his office for future reference, 
and enter a description of such application .in an index to be 
kept for that purpose, and he shall then issue, under his hand 
and seal, a license to do business setting forth the name of 
the applicant, the kind of business to be transacted, the place 
where such business is to be carried on, the amount of the 
license tax imposed and the time the license shall expire, and 
deliver the same to the applicant. The assessor shall be en- 
titled to receive a fee of fifty cents for such assessment, and 
the clerk shall receive a like amount for making out such 
license, both fees to be paid by the applicant. Any county 
clerk who shall issue and deliver any such license before receiv- 
ing the collector's receipt for the license tax for the business 
to be carried on, shall be deemed guilty of a misdemeanor, 
and, upon conviction be fined not less than fifty dollars nor 
more than one hundred dollars for each offense, and be' sub- 
ject to removal from office. 

Sec. 4148. — License Taxes of This Act to be Paid in Advance, 
and One-Half to Go to County School Funds. 

The license tax provided for in this act shall be payable in 
the current funds of the United States only, and payable in 
advance, but such license may be applied for and taken out 
quarterly, semi-annually or annually, and the amount of such 
tax, when collected by the collector of the county, one-half 
shall be paid over by him to the county treasurer for the use 
of the school funds, and one-half to the said county treasurer 
of the county to the credit of the current expense fund of 
said county. 



102 COMPILATION OF TliK SCHOOL, I,A\VS 

Sec. 4149 (As Amended). — Firms or Individuals Attempting 
to Engage in Business JVithout Paying Requisite Tax, to 
Forfeit Double Amount of Tax. Penalty for Refusal to 
l^ake Out Business Lieense. 

(As amended.) Any person, firm, or corporation who 
shall engage in or carry on any business or avocation, for 
which a license is required without having paid such tax, 
shall be required to pay double the amount of such tax for 
the time which has expired from the beginning of such busi- 
ness or avocation until a legal application for a license shall 
have been made ; and if such person, firm or corporation shall 
refuse or neglect to take out a license, and pay the penalty 
above mentioned, for thirty days after receiving notice from 
the assessor, a notice such as is required by section 41.55 as 
amended by section 5 of this act, shall be deemed guilty of a 
misdemeanor, and, upon conviction, be fined any sum not 
less than fifty nor more than one hundred dollars, or be im- 
prisoned in the county jail not more than six months. 

Sec. 4150. — Taws Regarding Liquor and Gaming License Not 
Affected by This Act. 

The provisions of this act shall in no manner annul, repeal, 
revoke, change, alter, or amend any of the laws of this terri- 
tory respecting the licenses required of wholesale or retail 
dealers in vinous, malt, or spirituous liquors, or the law regu- 
lating the licensing games of chance, but shall only be applica- 
ble to the business in the vocations herein especially mentioned. 

Sec. 4152. — Operators of Nickel-in-the-Slot Machines to Pay 
Annual License of $^o for County School Fund. Purely 
Musical or IVeighing Machines and Those Not Gambling 
Devices Excepted. 

That all persons, firm, company, or corporation, owning, 
operating, or conducting any nickel or penny-in-the-slot ma- 
chines, or other slot machines, within the Territory of New 
Mexico, shall pay an annual license of fifty dollars per year 
for each and every one of such machines so owned, operated 
or conducted, which license shall be issued by the probate 
clerk and paid to the officer now authorized by law to collect 
licenses, and shall be applied to the general county school fund : 
Provided, That no nickel-in-the-slot machine used purely as a 



OF THE TERRITORY OF NKVV MEXICO 1103 

musical instrument, for weighing or other similar purposes 
and not as a gambling device or game of chance, shall be re- 
garded as coming under the provisions of this act, and the 
owner or operator of such last mentioned machines or ma- 
chine shall not be required to pay license upon or for operating 
the same. 

Sec. 4153. — Persons Failing to Comply IVitli Rcqiiireuieitts of 
Preceding Section Liable to Fine, Which Shall Go to Gen- 
eral County School Fund. 

Any person, firm, company, or corporation who shall re- 
fuse or fail to comply with the provisions of section four 
thousand one hundred and fifty-two shall be fined by a fine of 
not less than ten dollars, nor more than one hundred, which 
fine shall be collected by action as now provided by law for 
the collection of fines, and when so collected shall go to the 
general county school fund. 

(See section 4176 et seq.). 

(See sections 4177-4184). 



104 COMPILATION OP* THE SCHOOI^ LAWS 



Territorial Educational Institutions. 



COMPILED LAWS OF 1897, AS AMENDED. 



te;rritoriai, institutions. 



Sec. 3550 (As Amended). — Designated Territorial 

The New Mexico College of Agriculture and Mechanic 
Arts, the University of New Mexico, the New Mexico School 
of Mines, the New Mexico Normal School at Silver City, the 
New Mexico Normal University at Las Vegas, the New 
Mexico Military Institute at Roswell, the New Mexico Insane 
Asylum, the New Mexico Asylum for the Deaf and Dumb, the 
New Mexico Institute for the Blind shall be known as Terri- 
torial institutions. 



NEW MEXICO COLLEGE OF AGRICULTURE AND 
MECHANIC ARTS. 



CONTENTS. 

Agricultural College and Experiment Station created. 
Curriculum. 

When and where board shall organize. 
Powers of regents. 
Location of Experiment Station. 

Assent of legislature given to act of congress giving money 
to college for stations. 

Power of board to enact laws for government of college. 
Several departments intrusted to faculties. 
Regents authorized to erect buildings. 

Regents authorized to appropriate money to erect build- 
Part of government money to be applied for their support. 
Acceptance of Congressional grant for Agricultural Col- 



Sec. 


3551. 


Sec. 


3552. 


Sec. 


3554. 


Sec. 


3555. 


Sec. 


3557. 


Sec. 


3558. 




to col 


Sec. 


3559. 


Sec. 


3560. 


Sec. 


3562. 


Sec. 


3566. 




ings. 


Sec. 


3567. 


Sec. 


3767a. 




lege. 



Sec. 355 L — Agricultural College and Station Created. 

There is also hereby created and established an institu- 
tion of learning, to be known as the Agricultural College and 



OF THE TERRITORY OE NEW MEXICO 105 

Agricultural Station of New Mexico. Said institution is 
hereby located at or near the town of Las Cruces, in the County 
of Dona Ana, upon a tract of land of not less than one hun- 
dred (100) acres, contiguous to the main Las Cruces irrigat- 
ing ditch, south of said town, and now owned by Jacob 
Schaublin, and which said land shall, within six months from 
the passage of this act, be donated and conveyed by said 
Schaublin, free of any cost and expense, to the Territory of 
New Mexico for such purpose: Provided^ That no improve- 
ments or buildings, as hereinafter provided for, shall be made 
or erected upon such land until deed is duly executed, re- 
corded and filed in the office of the Secretary of the Territory, 
as hereinafter provided. 

Sec. 3552. — To be Institution of Learning; to be Non- 
Sectarian. 

The Agricultural College and Agricultural Experiment 
Station, created and established by this act, shall be an in- 
stitution of learning open to the children of all the residents 
of this territory, and such other persons as the board of re- 
gents may determine, upon such terms, rules and regulations 
as may be prescribed by said board of regents; shall be non- 
sectarian in character and devoted to practical instruction in 
agriculture, mechanic arts, natural sciences connected there- 
with, as well as a thorough course of instruction in all branches 
of learning bearing upon agriculture, and other industrial 
pursuits. 

Sec. 3553. — Curriculum. 

The course of instruction of the college hereby created 
shall embrace the English language, literature, mathematics, 
philosophy, civil engineering, chemistry and animal and vege- 
table anatomy and physiology, the veterinary art, entomology, 
geology and political, rural and household economy, horticul- 
ture, moral philosophy, history, mechanics and such other 
sciences and courses of instruction as shall be prescribed by the 
regents of this institution of learning. The management of 
said college and experiment station, the care and preservation 
of all property of which such institution shall become pos- 
sessed, the erection and construction of all buildings necessary 
for the use of said college and station, and the disbursement 
and expenditure of all moneys provided for by this act shall be 
vested in a board of five regents. Said five regents shall 



106 COMPILATION OF the: SCHOOL LAWS 

possess the same qualifications, shall be appointed in the same 
way, and the terms of office shall be the same, and vacancies 
shall be filled in like manner as is provided in section three 
thousand five hundred and seventy-one and three thousand 
five hundred and seventy-two, with reference to the regents 
of the territorial university. Said regents and their succes- 
sors in office shall constitute a body corporate, with the name 
and style of the Regents of the Agricultural College, of New 
Mexico, with the right as such of suing and being sued, of 
contracting and being contracted with, of making and using 
a common seal, and altering the same at pleasure, of causing 
all things to be done necessary to carry out the provisions of 
this act. A majority of the board shall constitute a quorum 
for the transaction of business, but a less number may adjourn 
from time to time. 

Sec. 3554. — IVItcii and IVhcrc Board Shall Organise. 

The board shall meet and organize by the election of its 
said officers at said town of Las Cruces, or at the said college 
grounds, and in the said county of Dona Ana, on the second 
Wednesday in November, A. D. 1889. The officers then 
elected and their successors in office shall be the same, be 
elected in the same manner, at the same time, and possess the 
same qualifications, and the regents and officers shall perform 
their duties as provided for the regents and 'officers of the 
University of New Mexico in this act. 

Sec. 3555. — Powers of Rcgorls. 

The regents shall have the power and it shall be their 
duty to enact laws for the government of the said Agricultural 
College and Experiment Station. 

Sec. 3556. — Further Poivers. 

The board of regents shall direct the disposition of any 
moneys belonging to or appropriated to the Agricultural Col- 
lege and Experiment Station established by this act, and shall 
make all rules and regulations necessary for the government 
and management of the same, adopt plans and specifications 
for necessary buildings and superintend the construction of 
said buildings, and fix the salaries of professors, teachers and 
other employes, and the tuition fees to be charged, in said 
college. 



OF THE TERRITORY OF NIJW MFXICO 107 

Sec. 3557. — B.vperiment Station, to he Located Upon Land 
Upon Which College is Situated. 

The Agricultural Experiment Station provided for in this 
act in connection with said Agricultural College shall be like- 
wise located upon the land referred to in section three thou- 
sand live hundred and fifty-one, and it shall be under the direc- 
tion of the said board of regents of said college for the purpose 
of conducting experiments in agriculture according to the 
terms of section one of an act of Congress approved March 2, 
1887, and entitled, An act to establish agricultural experiment 
stations in connection with the colleges established in the sev- 
eral states under the provisions of an act approved July 2. 
1862, and of the acts supplementary thereto. The said college 
and experiment station shall be entitled to receive all the bene- 
fits and donations made and given to similar institutions of 
learning in other states and territories of the United States and 
territories by the legislation of the Congress of the United 
States now in force or that may hereafter be enacted, and par- 
ticularly to the benefit and donations given by the provisions 
of an act of Congress of the United States entitled. An act 
donating public lands to the several states and territories, 
which may provide colleges for the benefit of agriculture and 
mechanic arts, approved July 2, 1862, and of all acts supple- 
mentary thereto^ including the act entitled, An act to establish 
agricultural experiment stations in connection with colleges 
established in the several states under the provisions of an act 
approved July 2, 1862, and of the acts supplementary thereto, 
which said last mentioned act was approved March 2. 1887. 

Sec. 3558. — Assent of Legislation Given to Act of Congress, 
Granting Mojiey to College for Stations. 

The assent of the legislative assembly of the Territory of 
New Mexico is hereby given in pursuance of the requirements 
of section three thousand and five hundred and seventy-one of 
Congress, approved March 2, 1887, to the granting of money 
therein made to the establishment of experiment stations in 
accordance with section one of said last mentioned act, and 
assent is hereby given to carry out, within the Territory of 
New Mexico, all and singular the provisions of said act. 

Sec. 3559. — Pozver of Board to Enact Lazvs for Government 

of College. 
The board of regents shall have power and it shall be 



108 COMPUTATION 0^ THi; SCHOOI. I.AWS 

their duty to enact laws for the government of the Agricul- 
tural College and Experiment Station, and the meetings of 
said board may be called in such manner as the regents may 
prescribe. 

Sec. 3560. — Several Departments Intrusted to Faculties. 

The immediate government of the several departments 
shall be intrusted to their respective faculties, but the regents 
shall have the power to regulate the course of instruction and 
prescribe, under the advice of the faculty, the books and au- 
thorities to be used in the* several departments, and also to 
confer such degrees and grant such diplomas as are usually 
conferred and granted by other agricultural colleges. The 
regents shall have power to remove any officer connected with 
the Agricultural College or Experiment Station when, in their 
judgment, the best interests of the college require it. 

Sec. 3562. — Regents Authorized to Brect Buildings. 

The board of regents of the Agricultural College and 
Agricultural Station of New Mexico are hereby authorized 
and instructed to apply to the construction of buildings, etc., 
of the sub-Agricultural Experiment Station, provided for by 
this act, the sum of five thousand dollars, appropriated by 
the legislative assembly of New Mexico for the Agricultural 
Experiment Station in the County of San Juan, under, and 
by, the provisions of House Bill No. 81, being an act entitled, 
An act and resolution authorizing the governor to receive 
certain moneys from the United States, accepting the terms 
of the act of congress appropriating the same and providing 
for the disposition thereof. 

Sec. 3566. — Regents Authorized to Appropriate Money to 
Brect Buildings. 

The board of regents of the Agricultural College and 
Agricultural Station of New Mexico is hereby authorized and 
empowered to apply to the construction of buildings, etc., upon 
the lands donated to each of said branch agricultural experi- 
ment stations provided for by this act, out of the moneys 
hereinafter levied and collected, the sum of not less than two 
thousand five hundred dollars to each of said experiment 
stations. 



of THE^ territory of new MEXICO 109 

Sec. 3567. — Part of Government Money to he Applied for 

Their Support. 

The board of regents of the Agricultural College and 
Agricultural Station of New Mexico is hereby authorized and 
instructed to apply to the support and maintenance of each of 
the branch agricultural experiment stations hereby created so 
much of all the mone3^s now on hand and hereafter received 
from the government of the United States, under and by 
virtue of an act of the Congress of the United States, approved 
March 2, 1887, and entitled An act to establish agricultural 
experiment stations in connection with the colleges established 
in the several states, under the provisions of an act approved 
July 2, 1862, and of the acts supplementary thereto, as can be 
applied by said board of regents in justice to the Agricultural 
College of New Mexico, at Las Cruces, and the experiment 
stations hereby and heretofore established in other portions of 
the territory. 

Sec. 3567a. — Acceptance of Congressional Grant for Agri- 
cultural College. 

The assent of the legislative assembly of the Territory 
of New Mexico is hereby given in pursuance of the require- 
ment of section two of an act of Congress entitled, An act to 
apply a portion of the proceeds of the public lands to the 
more complete endowment and support of the colleges for the 
benefit of agriculture and the mechanic arts, established under 
the provisions of an act of Cong'ress approved July 2, 1862, 
approved August 30, 1890, to the granting of moneys for the 
benefit of the Agricultural College of the Territory of New- 
Mexico, and the said legislative assembly accepts and con- 
sents to all of the terms and conditions of said act of Congress, 
and assent is further given to carry out within the Territory 
of New Mexico, all and singular, the provisions of said act of 
Congress. 



110 COMPILATIOJ^ OF TH^ SCHOOL LAWS 

THE UNIVERSITY OF NEW MEXICO. 



CONTENTS. 

Sec. 3568. Creation and location of University. 

Sec. 3 56 9. Intended for State University. 

Sec. 3570. Objects. 

Sec. 3571. Board of regents to have control. 

Sec. 357 2. Terms of office of regents. 

Sec. 3573. To be body corporate. » 

Sec. 3574. Organization, secretary to give bond. 

Sec. 3575. President; his duties. 

Sec. 3576. Regents to make rules, etc. 

Sec. 3577. Departments to be established. 

Sec. 3 5 78. Faculties to have charge of departments. 

Sec. 3 57 9. Open to children of all residents. 

Sec. 3580. To be non-sectarian. 

Sec. 3581. Meetings, quorum. 

Sec. 3582. Erection of buildings. 

Sec. 3583. Regents may lease part of University grounds. 

Sec. 3584. Regents may contract for payment of rent. 

Sec. 3 58.5. Building, when completed, may be purchased. 

Sec. 3586. Territory not liable. 

Sec. 3587. Commissioner to select lands. 

Sec. 3588. Commissioner to act. 

Sec. 3589. Sub-division and filing. 

Sec. 3590. Surveyed lands, to claim. 

Sec. 3591. Coinmissioners report to legislature. 



Sec. 3568. — University of New Mexico Created ; JVliere 

Located. 

There is hereby created and estabHshed within and for 
the Territory of New Mexico an institution of learning to be 
known as the University of New Mexico. Said institution is 
hereby located at or near the town of Albuquerque, in the 
county of Bernalillo, within two miles north of Railroad 
avenue, in said town, upon a tract of good, high and dry land, 
of not less than twenty acres, suitable for the purposes of such 
institution, which said land shall, within six months from the 
passage of this act, be donated and conveyed, free of any cost 
and expense, to the Territory of New Mexico, by G. W. Mey- 
lert : Provided, That no improvements or buildings as here- 
inafter provided for shall be made or erected upon such land 
until such deed is duly executed, recorded and filed in the oiflce 
of the Secretary of the Territory, as hereinafter provided. 

Sec. 3569. — University Intended for State University; When 
Territory Admitted. 
The University of New Mexico hereby created and estab- 



OI' THE TERRITORY OE NEW MEXICO lU 

lished, is intended to be the state university when New Mexico 
shall be admitted as a state into the Union, and as such is en- 
titled to all the donations of land and all other benefits under 
all acts of Congress now in force or hereafter to be enacted 
for the benefit of such educational institutions in the future 
state. 

Sec. ZS70.— Objects. 

The object of the university hereby created shall be to 
provide the inhabitants of the Territory of New Mexico and 
the future state with the means of acquiring a thorough knowl- 
edge of the various branches of literature, science, and arts. 

Sec. 3571. — Control Reposed in Board of Regents; Regents, 
How Appointed. 

The management and control of said university, the care 
and preservation of all property of which it shall become 
possessed, the erection and construction of all buildings neces- 
sary for its use, and the disbursement and expenditure of all 
moneys appropriated by this act, shall be vested in a board of 
five regents, to consist of five qualified voters, who shall be 
owners of real estate in this territory. Said fi^'e members 
of the board of regents shall be appointed, in the manner now 
provided by law for the appointment of territorial officers, not 
earlier than the first day of September, nor later than the first 
day of October next after the passage of this act, and vacancies 
occurring in said board shall be filled in the same manner as 
is now provided liy law for the filling of vacancies in other 
territorial offices. 

Sec. 3572. — Their Terms of Offiee. 

The board of regents provided for in this act shall be 
appointed, one for a term of one year, one for a term of two 
years, one for a term of three years, one for a term of four 
years, and one for a term of five years : Provided, That all 
appointments made to fill vacancies caused by death, resigna- 
tion or otherwise shall be for the unexpired term of the in- 
cumbent, whose place shall have become vacant. All other 
appointments made subsequent to the appointment of the first 
Board of Regents provided for in this act shall be for the 



112 ' COMPILATION OF THH SCHOOL LAWS 

term of five years, and until the appointment and qualification 
of a successor to such appointee. 

Sec. 3573. — To he a Body Corporate. 

The regents of the university and their successors in office 
shall constitute a body corporate under the name and st)de of 
The Regents of the University of New Mexico, with the right, 
as such, of suing and being sued, of contracting and being 
contracted with, of making and using a common seal and 
altering the same at pleasure. 

Sec. 3574. — Organization, Secretary to Give Bond. 

The board of regents of the University of New Mexico 
shall meet and organize by the election of its officers at Albu- 
querque, in said Bernalillo county, oil the second AVednesday 
in November, A.. D. 1889. The officers then elected shall hold 
their offices until the second Monday in March, A. D. 1891, 
when their successors shall be elected, and said elections shall 
occur annually on the second Monday in March in each year 
thereafter; all officers so elected shall hold their offices until 
their successors are duly elected and qualified. At such elec- 
tions they shall elect a president and secretary and treasurer 
from their number. The person so elected as secretary and 
treasurer shall, before entering upon the discharge of his du- 
ties as such, execute a good and sufficient bond to the Territory 
of New Mexico, with two or more sufficient sureties, residents 
of this territory, in the penal sum of not less than twenty 
thousand dollars, conditioned for the faithful performance 
of his duties as such secretary and treasurer, and that he will 
faithfully account for and pay over to the person or persons 
entitled thereto all moneys which shall come into his hands as 
such officer, which said bond shall be approved by the governor 
of the territory and shall be filed with the territorial secretary. 

Sec. 3575. — President; Duties. 

The president of said board shall be the chief executive 
officer, shall preside at all meetings thereof, except that when 
he is absent the board may appoint a president pro tern, and 
sign all instruments required to be executed by said board. 
He shall also generally direct the affairs of said university, 
nominate, and by and with the advice and consent of the board 
of regents, appoint all professors, tutors, instructors and 



OF THE TERRITORY OF NEW MEXICO 113 

other employes necessary to the proper conduct of said uni- 
versity; and in Hke manner shall be determined the amount of 
their respective salaries, subject to the provisions of this act. 
The secretary and treasurer shall be the financial and recording 
officer of said board, shall keep a true and correct account of 
all moneys received and expended by him, shall attest all in- 
struments recjuired to be signed by the president, and shall 
keep a true record of all the proceedings of said board and 
generally do all other things required of him by said board. 

Sec. 3576. — Pozver of Regents to Make Rules, Btc. 

The regents shall have power and it shall be their duty to 
enact laws, rules and regulations for the government of the 
university. 

Sec. 3577. — Departments to he Bstahlished. 

The university shall have departments, which shall here- 
after be opened at such times as the board of regents shall 
deem best, for instruction in science, literature and the arts, 
law, medicine, engineering and such other department? and 
studies as the board of regents may, from time to time, decide 
upon, including miltiary training and tactics. 

Sec. 3578. — Government of Departments Intrusted to Their 

Pacidties. 

The immediate government of the several departments 
shall be intrusted to their respective faculties, but the regents 
shall have the power to regulate the course of instruction, and 
prescribe the books and authorities to be used in the several 
departments, and also confer such degrees and grant such 
diplomas as are usually conferred and granted by other uni- 
versities. The regents shall have power to remove any officer 
connected with the university when, in their judgment, the in- 
terests require it. 

Sec. 3579. — Open to Children of All Residents. 

The university created by this act shall be open to the 
children of all residents of this territory, and such others as 
the board of regents may determine, under such rules and 
regulations as may be prescribed by said board, whenever the 
finances of the institution shall warrant it, and it is deemed 
expedient by said board of regents. 



114 COMPILATION OF THE SCHOOL LAWS 

Sec. 3580. — To he Non-Sectarian. 

No sectarian tenets or opinions shall be required to en- 
title any person to be admitted as a student or employed as a 
tutor or other instructor in said university, but the same shall 
forever be strictly non-sectarian in character. 

Sec. 3581. — Meetings, Quorum. 

The meetings of the board may be called in such manner 
as the board of regents may prescribe, and the majority of said 
board shall constitute a quorum for the transaction of business, 
but a less number may adjourn from time to time. 

Sec. 3582. — Regents Authorized to Contract for Erection of 

Buildings. 

That the board of regents of the University of New Mex- 
ico are hereby authorized and empowered to enter into a 
contract with some proper person or corporation for the erec- 
tion of a building on the grounds of the university, suitable for 
dormitory purposes, and to be used for that and such other 
purposes as the needs of the university may require : Pro- 
vid^d, That the said building shall not cost to exceed the sum 
of twenty thousand dollars. 

Sec. 3583. — Regents Authorised to Lease Part of University 

Grounds. 

Said board of regents are hereby authorized to lease to 
the person or corporation erecting said building such part 
of the unversity grounds as may be necessary for a site for 
said building, together with the right of way over the univer- 
sity grounds from the public highway to said building, said 
lease to run for the period of thirty years, unless said building 
shall be purchased for the uses of the university before that 
time, in which event said lease shall terminate, and the annual 
rental to be named in said lease shall be the sum of one dollar. 

Sec. 3584. — Regents May Contract for Payment of Rent. 

Said board of regents may contract for the payment of 
an annual rental for said building when erected, a sum not to 
exceed eight per cent, on the actual cost of the building after 
deducting the cost of the insurance and fixed charges : And 
provided, further, That said building and site shall be exempt 
from taxation of all kinds. 



OF the; territory of NEV.- MEXICO 115 

Sec. 3585. — Buildings, When Completed, May Be Purchased. 

The contract so made for the erection of said building 
shall provide that the same may be purchased for the uses of 
the university at any time during the said period of thirty 
years, upon the payment as purchase money therefor the actual 
cost of the same when erected. 

Sec. 3586. — Territory Not Liable. 

By the making of said contract, no obligation shall be 
imposed upon the territory to carry out the same, or to make 
any appropriation for the payment of said annual rental, or 
the purchase of said building, than it otherwise would or shall 
make, by some other affirmative act, and any appropria- 
tion hereafter made by the legislative assembly for such pur- 
poses shall be considered voluntary. 

Sec- 3587. — Commissioners to Select Lands Authorized. 

Authority is given to the governor of the territory by 
this act to appoint a commissioner to choose two townships 
of land on surveyed land of the public domain within this terri- 
tory, which have been granted by the general government to 
establish a university in this territory, in conformity with an 
act of Congress, approved July 22, 1854, entitled. An act tu 
create the offices of surveyor general in the Territories of New 
Mexico, Kansas and Nebraska, to grant lands to actual settlers 
and for other purposes, in its section six. 

Sec. 3588. — Commissioners to Act. 

As soon as said commissioner is appointed, he shall pro- 
ceed to carry out the provisions of this act. 

Sec. 3589. — Sub-Division and Filing. 

When said commissioner shall have selected the two 
townships on surveyed lands, or that may be hereafter sur- 
veyed, he shall make legal sub-divisions, not less than one-half 
section, and shall file a list of land so selected in the office of 
the surveyor general and the register of the land office of this 
territory, at Santa Fe : Provided, however. That the expenses 
for selecting and locating said lands shall not exceed the sum 
of one hundred dollars, which amount is hereby appropriated 
to be paid out of the funds of the territory by order of the 
governor. 



116 COMPIIvATlON Of THE SCHOOL LAWS 

Sec. 3590. — Surveyed Lands, to Claim. 

The said commisisoner, as herein authorized, shall claim 
and demand, on lands already surveyed, sections sixteen and 
thirty-six of each township granted to this territory by organic 
act of the territory, and by the fifth section of said act of July 
22, 1854. 

Sec. 3591. — Commissioners to Report. 

Said commissioner shall report to the legislature at its 
next session, or at the first special session of the legislature 
which may be hereafter held, his proceedings as herein pro- 
vided. 



THE SCHOOL OI^ MINES. 







CONTENTS, 


Sec. 


3592. 


Creation of schools. 


Sec. 


3593. 


Object. 


Sec. 


3594. 


Management. 


Sec. 


3590. 


Organization of board. 


Sec. 


3596. 


Duty of president. 


Sec. 


3597. 


Secretary and treasurer. 


Sec. 


3598. 


Powers and duties of board of trustees. 


Sec. 


3599. 


Government. 


Sec. 


3600. 


Diplomas and degrees. 


Sec. 


3601. 


Removal of officers and instrvictors. 


Sec. 


3602. 


Tuition. 


Sec. 


3603. 


Fees for assaj^s and other services. 


Sec. 


3604. 


Intended to be the State School of Mines. 


Sec. 


3505. 


Preparatory department provided. 



Sec. 3592. — Neiv Mexico School , of Mines Created. 

There is also hereby created and established within and 
for the Territory of New Mexico an institution of learning, 
to be known as The New Mexico School of Mines. Said in- 
stitution is hereby located within the limits of the city of So- 
corro, in the County of Socorro, upon a tract of land cf not 
less than twenty acres, suitable for the purposes of silch iiisti- 
tution, which shall be donated and conveyed by a good and 
sufficient deed, to the Teritory of New Mexico by tne own- 
ers thereof, free of cost and expense to said territory, which 
deed shall be executed within six months" from the passage 



Olf THE TERRITORY OF NEW MEXICO 117 

of this act, and no improvement or building, as hereinafter pro- 
vided for shall be made or erected upon such land until such 
deed is fully executed, recorded and filed in the office of the 
secretary of the Territory as hereinafter provided. 

Sec. ?>S9?>.— Object. 

The object of the School of Mines created, established 
and located by this act is to furnish facilities for the education 
of such persons as may desire to receive instruction in chem- 
istry, metallurgy, mineralogy, geology, mining, milling, engi- 
neering, mathematics, mechanics, drawing, the fundamental 
laws of the United States, and the rights and duties of citizen- 
ship, and such other courses of study, not including agricul- 
ture, as may be prescribed by the board of trustees. 

Sec. 3594. — Management. 

The management and control of said School of Mines, 
the care and preservation of all property of which it shall be- 
come possessed, the erection and construction of all buildings 
necessary for its uSe, and the disbursement and expenditure of 
all moneys appropriated by this act, or which shall otherwise 
come into its possession, shall be vested in a board of five 
trustees, which shall be qualified voters and owners of real 
estate in said territory; said trustees shall possess the same 
qualification, shall be appointed in the same way, and their 
terms of office shall be the same, and the vacancies shall be 
filled in like manner as is provided in sections three thousand 
five hundred and seventy-one and three thousand five hunderd 
and seventy-two, with reference to regents of the territorial 
university. Said trustees and their successors in office shall 
constitute a body corporate, under the name and style of The 
Trustees of the New Mexico School of Mines, with the right 
as such, of suing and being sued, of contracting and being 
contracted with, of making and using a common seal and 
altering the same at pleasure, and of causing all things to be 
done necessary to carry out the provisions of this act. A ma- 
jority of the board shall constitute a quorum for the transaction 
of business, but a less number may adjourn from time to tim^. 

Sec. 3595. — Organkation of Board. 

The board shall meet and organize by the election of its 
officers at the town of Socorro, in Socorro county, on the sec- 
ond Wednesday of November, A. D. 1899. The officers then 



118 COMPILATION OF THE SCHOOIy I^AWS 

elected and their successors in office shall be the same, be 
elected in the same manner, at the same time, and possess the 
same qualifications as the officers of the University of New 
Mexico, and the secretary and treasurer so elected shall give 
bonds in the sum of ten thousand dollars in the manner pro- 
vided in section three thousand five hundred and seventy-four. 

Sec. 3596. — Duty of President. 

The president of said board shall be the chief executive of- 
ficer, shall preside at all meetings therof, except that when he 
is absent the board may appoint a president pro tern, sign all 
instruments required to be executed by said board; he shall 
also direct the affairs generally of the said School of Mines, 
shall nominate and by and with the advice of said board of 
trustees appoint all professors, instructors, tutors and other 
-employes necessary to the proper conduct of said School of 
Mines, and in like manner shall determine the amount of 
their respective salaries, subject to the provisions and restric- 
tions of this act. 

Sec. 3597. — Secretary and Treasurer. 

The secretary and treasurer shall be the financial and re- 
cording officer of said board, shall keep a true and correct 
acount of all moneys received and expended by him, shall at- 
test all instruments required to be signed by the president of 
said board, and shall keep a true and correct record of all pro- 
ceedings of said board, and, generally, do all other things re- 
quired of him by said board. 

Sec. 3598. — Powers and Duties of Board of Trustees. 

The board of trustees shall have power and it shall be 
their duty to enact by-laws, rules and regulations for the gov- 
ernment of such School of Mines, not inconsistent with the 
laws of the teritory; and they shall also prescribe the text 
books to be used, the course of study, the branches to be 
taught, the number of departments into which said school 
shall be divided, and to change the same from time to time; 
to fix the scholastic year, provide apparatus, mineral and geo- 
logical cabinets, and do all and everything necessary in and 
about the premises with a view to promoting the best interests 
of said institution. 



OF The; territory of new mfxico 119 

Sec. 3599. — Government. 

The immediate government of the several departments 
shall be intrusted to their several faculties. 

Sec. 3600. — Diplomas and Degrees. 

The board of trustees shall have power to confer such 
degrees and grant diplomas as are usually conferred and 
granted by other similar schools. 

Sec. 3601. — Removal of Officers and Instructors. 

The trustees shall have power to remove any officers, tutor 
or instructor, or employe connected with said school when in 
their judgment the best interests of said school require it. 

Sec. 3602. — Tuition. 

Said School of Mines shall be a place for instruction in 
the branches mentioned in section three thousand five hundred 
and ninety-three, with or without charge to residents of this 
territory, as shall be deemed best by the trustees, but non-resi- 
dents shall be admitted to the privileges of such school upon 
such terms as the trustees shall prescribe. 

Sec. 3603. — Fees for Assay and Other Services. 

The board of trustees shall require such compensation 
for all assays, analysis, mill tests or other services performed 
by said institution as they may deem reasonable, and the same 
shall be collected and paid into the treasury of the School of 
Mines for said institution, and an accurate account thereof shall 
be kept in a book to be provided for that purpose. 

Sec. 3604. — Intended for State School of Mines. 

The institution hereby established as the New Mexico 
School of Mines is intended to be the state school of mines 
when New Mexico shall be admitted into the union as a state 
and it shall be entitled to the benefits of all grants of land 
and moneys which shall be given to the territory by any act 
of Congress for the endowment of said institution, and such 
lands and moneys shall be used for the benefit of this institu- 
tion, located at Socorro, Socorro county, and for no other 
purpose. 



120 COMPILATION OF THE SCHOOL LAWS 

Sec. 3605. — Preparatory Department Provided. 

The New Mexico School of Mines shall, in addition to 
the course now provided for, maintain a preparatory depart- 
ment, and that the board of regents of each educational in- 
stitution herein provided for shall charge as tuition a fee of 
not less than five nor more than twenty-five dollars per ses- 
sion for each and every student ; said tuition to be fixed by said 
board of regents and collected by officers of each institution 
and accounted for as funds provided by law for maintenance 
of said institution. 



NORMAL SCHOOLS. 



Sec. 


3650. 


Sec. 


3651. 


Sec. 


3652. 


Sec. 


3653. 


Sec. 


3654. 


Sec. 


3655. 


Sec. 


3656. 


Sec. 


3657. 



CONTENTS. 

Normal Schools established. 

Location of. 

Control in five regents. 

Organization and qualifications of regents. 

Quarterly meeting of regents. 

Powers of regents. 

Duties of president, secretary, treasurer. 

Compensation of regents. 



Sec. 3650. — Normal Schools Bstablished. 

There is hereby created and established at Silver City, in 
Grant county, and in Las Vegas, in San Miguel county, in 
the Territory of New Mexico, institutions of learning to be 
known as the Normal Schools of New Mexico. 

Sec. 3651. — Location of. 

Such scnools shall be located upon a tract of land suit 
ably and pleasantly located, containing not less than twenty 
acres, and situate not more than one and a half miles from 
said Silver Citv and Las Vegas, respectively, the location of 
such land to be approved by the respective boards of regents 
credited by this act, and the same shall be conveyed to such 
boards by a good and indefeasible title, in fee simple, within 
six months after the passage of this act, free of ^..ly cost to the 
territory or said boards ; and no expenditure of money shall 
be made, under this act, upon such land until such conveyance 
is made and accepted by such boards. _That the location oi 



0^ THI) territory of NKW MEXICO 121 

said normal school at Las Vegas is hereby, fixed, and saio 
normal school at Las Vegas shall be located upon that certan. 
triangular tract or parcel of land at the intersection of Na- 
tional and Main streets, in the incorporated Town of East 
Las Vegas, and being the tract or parcel of land known and 
called the Desiderio Romero property, and containing not less 
than two acres. 

Sec. 3652. — Control in Five Regents. 

The control of such normal schools shall be each under 
a board of five regents, to be appointed by the governor of the 
territory. In making such appointments for the first time, 
nne shall be appointed for one year, one for two years, one for 
+hree years, one for four years, and one for five years, and 
^^hereafter appointments shall be made for the term of five 
years, and at the expiration of the terms of the several mem- 
bers, or when vacancies may otherwise arise. The member.^ 
li each such board shall be voters of the territory and the 
owners of real estate therein, and no more than three ot tnc 
members of each board shall be of the same political party. 
Each such board shall constitute a body politic and corporate, 
and shall have the power to sue and be sued, to contract and be 
contracted with, and the title to all property belonging to each 
iuch normal school shall be vested in the respective corporate 
Dodies and their successors. 

Sec. 3653. — Organization and Qualification of Regents. 

Within thirty days after the appointment of each such 
board, the members thereof shall meet at Silver City and Las 
Vegas, respectively, at a time to be designated by the gov- 
ernor of the territory, and each shall organize by the election 
of one memeber thereof as president and another member as 
secretary and treasurer, and annually thereafter a meeting 
of such boards shall be held for the same purpose, but such 
officers shall hold their offices until their successors shall 
be elected and qualified. The person who may be elected as 
secretary and treasurer of each board shall execute his bond, 
payable to the Territory of New Mexico, for not less than 
twenty thousand dollars, with at least two frc;ehold sureties, 
residents of the territory, which shall be conditioned for the 
faithful performance of the duties of such secretary and treas- 
urer, and shall be approved by the governor and filed with the 
secretary of the Territory. 



122 COMPUTATION OF THE SCHOOI. LAWS 

Sec. 3654. — Quarterly Meeting of Regents. 

Each of said boards of Regents shall hold at least four 
meetings during each year at their respective normal schools 
for the purpose of discharging their duties under this act, 
the time for such meeting to be fixed by such board, and the 
president of such board may call special meetings therof when 
in his judgment the business of such schools demands the same. 
Three members of such boards shall constitute a quorum for 
the transaction of business. 

Sec. 3655. — Powers of Regents. 

(As amended, Laws 1899). Said board of regents 
shall have full and complete power and control over their re- 
spective normal schools. Each board shall employ only super- 
intendent or principal for such school, who shall have the 
supervision and control of the school under such rules and 
regulations as may be provided by such board. Such board 
shall determine and provide as to what branches of learning 
shall be taught in such school and the classification and order 
of the same, and shall also direct the number of teachers that 
shall be employed, and shall determine the compensation to be 
paid to the superintendent and teachers. Such board shall 
also prescribe upon what terms and conditions pupils shall be 
admitted to such school, but no pupils shall be admitted who 
are not residents of this territory, except on payment of a 
tuition fee to be prescribed by the board of regents for each 
term. 

Sec. 3656. — Duties of President, Secretary and Treasurer. 

The president of each board shall preside at all meetings 
thereof and shall sign the proceedings of the same, and shall 
sign all orders directed by the board to be drawn upon the 
treasurer thereof for the payment of money. In the absence 
of the president at any meeting of the board, the members 
present shall elect a president pro tern. The secretary of the 
board shall have charge of the records, books, and papers be- 
longing to such board, and shall keep a record of the proceed- 
ings of such board, and shall issue and attest all orders 
directed by the board to be drawn upon the treasurer of the 
same for the payment of money. Such secretary, as treasurer, 
shall have the care and custody of all moneys belonging to 
such school, and he shall pay out the sanue only upon orders 



OF THE TERRITORY Of NEW MEXICO 123 

drawn upon him by direction of the board of regents and 
signed by the president therof; and at each regular meeting 
of such board such treasurer shall submit to the same a state- 
ment showing a full account of the condition of financial af- 
fairs of such school. 

Sec. 3657. — Compensation of Regents. 

The members of the respective boards of regents shall 
be entitled to the sum of two dollars per day during the time 
they shall be employed in the actual discharge of their duties, 
and five cents per mile for each mile necessarily traveled in 
going to and returning to their places of residence to the 
place of meeting of such board ; but the person who is elected 
as secretary and treasurer of such board shall be entitled to 
receive three dollars per day during the sessions of such board, 
and mileage as above provided. 



CHAPTER XVIII. 



An Act to extend the work oe the new mexico normae 
schooe at eas vegas, and for other purposes. c. b. 
5; Approved February 17, 1899. 



CONTENTS. 

Sec. 1, Changes title to "New Mexico Normal University." 

Sec. 2. Departments for Manual training and a Icindergarten for train- 
ing school. 

Sec. 3. To be non-sectarian. 

Sec. 7. Provides for reimbursing of subscriptions for the completion 
of Normal School building at Las Vegas. 



Sec. 1. — Changes the Title to "Nezv Mexico Normal 
University." 

That the name and title of the New Mexico Normal 
School at Las Vegas is hereby changed so that said in- 
stitution shall hereafter be known and designated as "The 
New Mexico Normal University." Except as modified or 
amended by this act, all laws heretofore enacted, or appoint- 
ments made touching the New Mexico Normal School at Las 
Vegas are hereby made applicable to and continue in force 



124 COMPILATION OF THE SCHOOI, LAWS 

as to said New Mexico Normal University; and all rights, 
titles, interest, properties, privileges, grants, or donations 
which said New Mexico Normal School at Las V^egas now 
has, or to which it is now, or would have hereafter become en- 
titled, shall hereafter belong to and inure to the benefit of the 
said New Mexico Normal University. 

Sec. 2. — Departments for Manual Training and a Kinder- 
garten for Training School. 

There are hereby established as branches or departments 
of said New Mexico Normal University, to be carried on at 
Las Vegas, a school of manual training for the Territory of 
New Mexico, the object of which shall be to instruct pupils 
and to train and ciualify teachers to teach the use of hands and 
tools in the various useful arts of practical value to the people 
of the territory ; and also a kindergarten training school to 
qualify teachers of the territory to use that system of teaching 
in the primary schools. 

Sec. 3. — Shall Be Foreover Strictly Non-Sectarian. 

Said institution shall be forever strictly non-sectarian in 
its character and management, and no creed or system of re- 
ligion shall be taught, practiced, or exercised in it. 

Sec. 6. — Condemning of Land. Makes Section 36p^ C. L. 
i8p'/, Applicable to Nezu Mexico Normal University. 

The provisions of section three thousand six hundred 
and ninety-three (3693) of the Compiled Laws of New 
Mexico in 1897, shall be applicable to the New Mexico Nor- 
mal University with the same force and effect as if said insti- 
tution had been one of those mentioned therein. 

Sec. 7. — For Reimbursing Subscriptions for the Completion of 
the Nezu Mexico Normal School Building at Las Vegas. 

For the purpose of reimbursing and paying the cost of 
the completing and equipping the building of the said New 
Mexico Normal University heretofore subscribed by way of 
advancement to the territory by certain citizens and institu- 
tions of Las Vegas and vicinity, there is hereby appropriated 
the sum of nineteen thousand three hundred dollars, which 
shall be paid by the territorial treasurer on the warrant of 



OF* The: TElRRItORY or" NEW MEXICO 125 

the auditor to the board of regents of said New Mexico Nor- 
mal University from time to time as fast as the money be- 
comes available; a tax sufficient to realize the said sum shall 
be levied under direction of the auditor, for the fiscal years 
1899, 1900, 1901, and collected as other territorial taxes. If 
the moneys collected from said tax for said years should fall 
short of the amount required, a tax shall be in like manner 
levied and collected for the following year to make up the 
deficiency. Said moneys shall be applied by said board of re- 
gents -to the repayment of the sums so advanced and paid by 
them without interest, to the subscribers who have paid the 
same, or their order, pro rata, without any preference in such 
manner, and under such regulations as the board of regents 
may prescribe. 

Sec. 8. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed, and this act shall 
take effect from the date of its passage. 



CHAPTER LXV. 



An Act to provide eor the disposition of lands granted 
BY CONGRESS. H. B. No. 219; Approved March 20, 1901. 



CONTENTS. 

Sec. 1. Lands Granted by Congress to be divided equally between the 

Normal University and the Normal School. 
Sec. 2. Proceeds of sale or lease of lands available for School of 

Mines. 



Sec. 1. — Lands Granted for Normal Schools to he Divided 
Bqually Betzueen the Nezv Mexico Normal University and 
the Normal School of Nezv Mexico. Funds Not to be 
Used for Expenses. 

That the grant of lands to the Territory of New Mexico, 
of one hundred thousand acres of land for the establishment 
and maintenance of normal schools, made in and by the act of 
Congress of the United States, approved June 21st, 1898, en- 
titled, An act to make certain grants of land to the Territory 



126 COMPILATION OF* mt SCHOOL LAWS 

of New Mexico, and for other purposes, is hereby declared to 
be for the equal benefit of the New Mexico Normal Univer- 
sity, located at Las Vegas, and the Normal School of New 
Mexico, located at Silver City, which are hereby designated 
and established as the normal school for which said grant 
was made. All lands now or hereafter located for the normal 
schools under the said grant shall be held by the territory, 
subject to disposal as provided by law, for the benefit of the 
two institutions herein designated, in the proportion of an 
undivided one-half interest each, and the proceeds of all such 
lands now or hereafter sold or leased shall be placed to the 
credit of the said two institutions, as separate funds, in like 
proportions. Such funds are hereby made available for the 
use of said institutions for the establishment of permanent 
equipment or improvement thereof, or for investment, and 
rnay be drawn in the manner now provided by law for draw- 
ing other funds, upon resolutions of the board of regents of 
the institution requiring the same, stating that the money is 
required for one or more of the above mentioned purposes, 
to be specified in the resolution; and no part of the principal 
of such funds shall be used for current expenses, salaries, or 
any other form of maintenance, but the income derived from 
the investment of such funds may be so used. 

Sec. 2. — Proceeds of Sale or Leasing of Lands Available for 
School of Mines. 

The proceeds of the sale or leasing of the lands granted 
by said act of congress for the establishment and mainte- 
nance of a school of mines are hereby made available for the 
use of the New Mexico School of Mines, located at Socorro, 
in like manner, for the same purpose and subject to the same 
restrictons as provided in section (1) of this act. 

Sec. 3. This Act shall be in force from and after its 
passage. 



O^ THK territory of new MEXICO 127 

NEW MEXICO MILITARY INSTITUTE. 



Sec. 


3660. 


Sec. 


3661. 


Sec. 


3662. 


Sec. 


3663. 


Sec. 


3664. 


Sec. 


3665. 


Sec. 


3666. 


Sec. 


3667. 


Sec. 


3668. 


Sec. 


3669. 


Sec. 


3671. 



CONTENTS. 

Military Institute established. 

Seven regents to control. 

Organization. 

Regents to maintain institute. 

Regents, powers of. 

May sell or dispose of land. 

Deeds to be signed by president. 

Fifteen thousand dollars in bonds, authorized. 

Auditor to levy tax for payment. 

Proceeds of bonds; how to be used. 

Regents may increase tuition fee. 



Sec. 3660. — Military Institute Established. 

That the Goss MiHtary Institute, located at Roswell, 
Chaves county, New Mexico, be, and the same shall hereafter 
constitute one of the educational institutions of this territory, 
to be known as the New Mexico Military Institute. 

Sec. 3661. — Seven Regents to Control. 

That said institute shall be under the supervision and 
control of a board of seven regents, to serve without compen- 
sation, consisting of the governor and superintendent of public 
education, ex-officio, and five citizens to be appointed by the 
governor ; the term of office of the appointed to be so arranged 
that one shall retire each year, and after the selection of the 
first board the term of office of each appointed member shall 
be five years. 

Sec. 3662. — Organisation. 

Upon the appointment of the members of the board, as 
hereinbefore provided, they shall organize and elect from their 
number a president and secretary and treasurer, who shall do 
and perform all the duties that shall be incumbent upon them 
as such officers. 

Sec. 3663. — Regent to Maintain Institute. 

It shall be the duty of the board of regents to establish, 
maintain and control at Roswell, a military institute for the 
education and training of the youth of this country, of as high 
a standard as like institutions in other states and territories. 

Sec. 3664. — Regents; Powers of. 
The said board shall have full power and authority to 



128 COMPILATION OF THE SCHOOL LAWS 

make such rules and regulations concerning the government 
and course of said institute as they may deem proper; to 
make contracts with teachers ; to erect buildings and make such 
other improvements as the institute may require. 

Sec. 3665. — May Sell or Dispose of Land. 

The said board of regents shall have power to sell, lease 
or otherwise dispose of, as to them may seem best for the 
benefit of the institute, the lands and property heretofore do- 
nated by the citizens of Chaves county to said institute, or that 
may hereafter be donated, except forty acres surrounding the 
proposed site of the institute, which shall be forever set apart 
for the use of the institute. 

Sec. 3666. — Deeds to be Signed by President. 

That all deeds for the sale of lands and all contracts made 
by the said board shall be signed by the president. 

Sec. 3667. — Fifteen Thousand Dollars, in Bonds, Authorized. 

An issue of the bonds of the Territory of New Mexico 
is hereby authorized and directed to be made, in the sum of 
fifteen thousand dollars, to be known as the New Mexico 
Military Institute bonds ; such bonds shall be issued in the de- 
nominations of one thousand dollars each, bearing interest at 
the rate of five per cent, per annum, the interest payable semi- 
annually, on the first days of January and July, and principal 
and interest payable at the Western National Bank, at the 
City of New York, in the State of New York; said bonds 
shall be signed by the governor and treasurer of the territory 
and countersigned by the auditor of public accounts, and shall 
be made payable in thirty years from July 1st, 1895, but re- 
deemable at the pleasure of the territory at any time after 
ten years from their date, which shall be July 1st, 1895, 

Sec. 3668. — Auditor to Levy Tax for Payment. 

The auditor of public accounts is hereby directed to levy 
annually a tax sufficient to pay the interest on said bonds 
and to give notice of such assessment to the several officers 
who are charged with the duties of assessment of taxes in 
the several counties of the territory, who shall assess the 
same in the same manner that other taxes are required to be 



01" the; territory of new mkxico 129 

assessed ; and for the final redemption of the principal of said 
bonds there shall in the same manner be annually levied, 
after the expiration of ten years from the date of the issuance 
of said bonds, an annual tax sufficient to provide for the pay- 
ment of said bonds by or before the maturity therof. 

Sec. 3669. — Proceeds of Bonds; Hozv to Be Used. 

Said bonds when so issued shall be delivered to the 
board of regents of the Nev^ Mexico Military Institute, and 
negotiated to the best advantage possible, and the proceeds 
thereof shall be. used by said board of regents in the erection 
of suitable buildings and for otlner improvements that may be 
made under the direction of said board of regents for the 
benefit of the institute; and the surplus, if any, may be de- 
voted by said board of regents to the use of said institute in 
■any manner that may seem best: Provided, hoivever, Said 
bonds shall not be sold under ninety-five cents, but the neces- 
sary expense of the negotiation may be deducted : And pro - 
vided, further, That within six months from /the date of the 
passage of this act a tract of land of not less than forty acres, 
suitable for the purpose of such institution, shall be donated 
and conveyed by a good and sufficient deed to the Terri- 
tory of New Mexico, free of any cost or expense to said terri- 
tory; and rto bonds as herein provided shall be delivered for 
the benefit of such institution until said deed of convevance 
is executed, and together with other evidence of perfect title 
to said property in said territory shall have been approved by 
the solicitor general of said Territory of New Mexico, and 
filed in the office of the secretary of said Territory of New 
Mexico. 

Sec. 3671. — Regents May Increase Tidtion Fee. 

The regents of the New Mexico Military Institute may 
charge a larger tuition fee if it is deemed necessary to do so to 
maintain said institute. 



130 COMPILATION OF the; school laws 

CHAPTER VI. 



An Act providing for additional buildings for the new 
MEXICO military institute at roswell. C. B. No. 9 ; 
Approved February 29, 1901. 



CONTENTS. 

Sec. 1. Authorizing an issue of territorial bonds. 

Sec. 2. Bonds to be issued under direction of territorial treasurer. 

Sec. 3. Funds for payment of bonds and interest thereon. 

Sec. 4. Funds derived from rer^tal and sale of lands to be paid to 

territorial treasurer. 

Sec. 5. Funds to meet deficiency at maturity of bonds. 

Sec. 6. Governor and members of the Assembly to appoint cadet. 



Sec. 1. — Authorising an Issue of Territorial Bonds. 

An issue of bonds of the Territory of New Mexico is 
hereby authorized and directed to be made in the sum of 
twenty-five thousand dollars, to be known as the New Mex- 
ico Military Institute bonds ; such bonds shall be issued in the 
denominations of one thousand dollars each, bearing interest 
at the rate of five per cent, per annum, the interest payable 
semi-annually on the first days of January and July, and 
principal and interest payable at the Western National Bank, 
at the City of New York, in the State of New York ; said 
bonds shall be signed by the governor and treasurer of the 
territory, and countersigned by the auditor of public accounts, 
and shall be made payable in twenty years from July 1st, 
1901, but redeemed at pleasure of the territory at any time 
after ten years from their date, which shall be July 1st, 1901. 

Sec. 2. — Bonds to he Issued and Negotiated Under Direction 
of Territorial Treasurer. 

Said bond shall be issued and negotiated under the di- 
rection of the treasurer of the territory and the proceeds 
thereof delivered to the board of regents of the New Mexico 
Military Institute, and by them shall be used in the erection, 
equipment and maintenance of suitable additional buildings 
on the grounds of said institute under the direction of said 
board of regents for the benefit of the institute : Provided, 
however, Said bonds shall not. be sold under their face value. 



OF* THE TERRITORY OF NEW MEXICO 131 

Sec. 3. — Providing Funds to Meet Payment of Bonds and 
Interest Thereon. 

For the purpose of providing funds with which to meet 
the payment of said bonds and the interest thereon as the 
same accrues, it is hereby enacted : First, that all rents de- 
rived from the lands donated to said Military Institute by the 
act of Congress approved June 21st, 1898, entitled, "An 
act to make certain grants of land to the Territory of New 
Mexico, and for other purposes," and which have been here- 
tofore or may be hereafter set apart to said Military Institute 
under the provisions of said act of Congress, shall be ap- 
propriated to the payment of the interest on said bonds as 
the same accrues, and said rentals shall not be used for any 
other purpose unless there shall be a surplus of funds derived 
from said rentals remaining after the payment of said interest, 
in which event said surplus shall become a part of a sinking 
fund to be used in paying said bonds when due; and if said 
rentals shall' at any time be insufficient for paying said in- 
terest when due, the auditor of public accounts of the terri- 
tory is hereby directed to levy annually a tax sufficient 
to pay any such deficiency and for the purpose of enabling 
the said levy to be made by the board of public lands shall fur- 
nish the auditor a statement showing the amount of lands 
rented and an estimate of the probable amount which will be 
realized therefrom each year ; and, second, there shall be set 
apart and appropriated out of the proceeds of the sale of the 
first twenty-five thousand acres of land so donated and set 
apart to said Military Institute under the provisions of said 
act of Congress, all of the moneys derived from such sales, 
until same, in connection with rentals set apart as aforesaid, if 
any, shall reach a sufficient sum to pay off the principal of 
said bonds and also to pay all interest thereon, Avhich may 
have accrued, and been paid by the territory out of other 
funds than those derived from rentals of said lands, or which 
may accrue or become due thereon from time to time. 

Sec. 4. — Funds Realised From Rentals and Sale of Lands to 
Be Paid to Territorial Treasurer. 

All funds realized from said rentals and the sale of said 
twenty-five thousand acres of said land or so much thereof 
as may be necessary to provide for the payment of said bonds, 
principal and interest, shall be set apart and paid over to the 



132 COMPILATION or" THE SCHOOL LAWS 

treasurer of the territory as custodian, to be by him paid out 
only in payment of the interest on said bonds as the same 
accrues, and in payment of said bonds when payable : Pro- 
vided, Any moneys coming into the hands of the custodian 
as interest upon said sinking fund shall be made a part of 
said fund. 

Sec. 5. — Providing Piinds to Meet Any Deficiency at Maturity 

of Bonds. 

In event sufficient funds have not been realized from 
the sale and rentals of said lands for the payment of said 
bonds, principal and interest, on the first day of January, A. D. 
1901, then said twenty-five thousand acres of land, or so much 
thereof remaining unsold at that time as may be necessary, 
shall be at once put upon the market and sold by the board 
of public lands under such regulations and laws as may then 
be in force, and the proceeds realized from such sale shall go 
to pay any part of said bonds and interest then unpaid when 
due and to reimburse the terrritory for all interest paid by it 
and remaining unpaid in accordance with section four hereof. 

Sec. 6. — Governor and Members of the Legislature to Appoint 
Cadet. Amended by Chapter io8, L. 1905. 

The governor of the territory and each member of the 
Council and House of Representatives composing the Thirty- 
fourth legislative assembly and of each succeeding Assembly 
thereafter of the Territory of New Mexico shall have the 
privilege of appointing one cadet from his district to said 
Military Institute, who shall be by the said board of regents 
received and furnished military training and equipment, tui- 
tion, lodging and medical attendance, free of cost, and board 
at actual cost to the institute for the period of two scholastic 
years, from the first Monday in September after such ap- 
pointment: "Provided, however, Said cadet so appointed must 
not be less than fourteen nor more than twenty-one years of 
age at the time of entering the institute, and subject to other 
qualifications required by the board of regents. Such appoint- 
ment shall be made during the Legislative session of 1901, 
and each session thereafter, except in case of vacancy for any 
cause whatever, which sliall be filled by the member in whose 
district it occurs, or by the governor if at large, upon notice 
from the president of the institute. 



OF THE TERRITORY OF NEW MEXICO 133 

CHAPTER LXIII. 



An Act amendatory of the law rEi.ating to the new 
mexico military institute at roswele- h. b. no. 
169; Approved March 20, 1901. 



CONTENTS. 

Sec. 1. Members of faculty to be aides-de-camp to governor. 
Sec. 2. Appointment of company and battalion of officers by superin- 
tendent. 
Sec. 3. Regarding quartermaster's stores. 
Sec. 4. Annual inspection. 
Sec. 5. Commissions for meritorious work. 



Sec. 1. — Members of Faculty to he Aides-de-Camp to 
to Governor. 

That for the better government and enforcement of dis- 
cipHne in the New Mexico Institute, located at Roswell, the 
superintendent, commandant of cadets and instructors in said 
institute shaU be commissioned as aides-de-camp on the staff 
of the governor and commander-in-chief, in addition to the 
number of aides-de-camp otherwise provided by law ; the su- 
perintendent to have the rank of colonel, the commandant of 
cadets to have the rank of captain, who shall hold office as such 
during the time they are employed in such capacity in said 
institute and no longer, and they will be allowed to wear the 
uniform of their rank while on duty in the institute, and upon 
all public occasions when the National Guard is under arms 
or the staff of the Governor and commander-in-chief shall be 
ordered out. 

Sec. 2. — Appointment of Company and Battalion of Officers 
by Superintendent. 

The superintendent of the Military Institute shall have 
power to divide the students of the institute into companies 
and battalions and to appoint company and battalion officers 
and non-commissioned officers, who shall hold their offices 
at the pleasure of the superintendent. Commissions shall be 
issued by the superintendent to company and battalion officers 
to be known as cadet commissions, which shall be signed by 
the superintendent and commandant of cadets, and a record 



134 COMPUTATION 0^ THE SCHOOL LAWS 

kept of the same by the commandant showing the date of all 
such commissions, and the expiration of the same and for 
what cause. The superintendent shall have power to pre- 
scribe the number and rank and duties of cadets, and non- 
commissioned officers, conforming so far as practicable to the 
laws governing the national guard of the territory. 

Sec. 3. — Regarding Quartermaster's Stores. 

It shall be the duty of the superintendent to provide a 
safe and convenient place for the keeping and preservation of 
all ordnance and quartermaster's stores received from the 
territory for the use of the institution, and on or before the 
thirty-fir-st day of December in each year he shall make a re- 
port to the adjutant general of the territory of all such stores 
on hand, and in such report he shall show their condition, 
whether serviceable or unserviceable, and if any of such stores 
should be lost or destroyed, the manner of their loss or de- 
struction. 

Sec. 4. — Annual Inspection. 

The governor and commander-in-chief shall cause the 
adjutant general to make an annual inspection of the discipline, 
course of study and general management of the Military 
Institute, a report of which inspection shall appear in the 
annual report of the adjutant general. 

Sec. 5. — Commissions for Meritorious Work. 

The two cadets of the Military Institute who shall at 
graduation have the highest standing in the graduating class 
shall receive from the governor and commander-in-chief com- 
missions as second lieutenants in the National Guard of the 
territory, and be assigned to duty to fill any vacancy in that 
grade occurring in any national guard organization stationed 
in the county of their residence, without examination. 

All laws, and parts of laws in conflict herewith are re- 
pealed. 



OF THE TERRITORY OF NEW MEXICO 135 

DEAF AND DUMB SCHOOL. 



CONTENTS. 

Sec. 3672. Establishing school. 

Sec. 3673. Management. 

Sec. 3674. Committee authorized to reduce tuition fee. 

Sec. 3675. Committee to provide suitable buildings. 

Sec. 3676. Salary, tuition fee, etc. 

Sec. 3677. To be a territorial school. 



Sec. 3672. — Bstablishiiig School. 

A school for the education of the deaf and dumb children 
resident in this territory is hereby established. 

Sec. 3673. — Management. 

The school provided for in the next preceding section 
of this act is hereby placed under management and control of 
a committee consisting of the attorney general, auditor and 
treasurer of the territory, who shall make all necessary rules 
and regulations for the government of the same, and shall 
have power to employ teachers and fix the salary or compen- 
sation therefor, and shall fix and regulate the amount to be 
paid by each pupil ; but they may admit indigent pupils to said 
school, free of charge, in which event the territory shall pay 
therefor whatever said committee may allow : Provided, That 
the total sum to be paid by the territory shall at no time 
exceed the sum of one hundred dollars per month, and only 
indigent children between the ages of eight and seventeen 
years shall be admitted free to said school. 

Sec. 3674. — Committee Authorised to Reduce Tuition Fee. 

On a proper showing of facts, said committee shall have 
power to make a reduction in the amount required to be paid 
by any pupil, not indigent, where it may appear that said 
pupil, or its parents, cannot pay the full amount so required. 

Sec. 3675. — Committee Shall Provide Suitable Buildings. 

The committee provided for in this act shall provide, at 
the expanse of the territory, suitable buildings and property, 
either by renting the same or by purchase, and shall locate 
said school. 

Sec. 3676. — Salary, Tuition Fee, Htc. 
All payments required to be made under the provisions 



136 COMPILATION OF THE SCHOOL LAWS 

of this act, for salary, for tuition fees and support of indigent 
pupils, and for rents and property, or for anything else to 
properly carry into effect this act, shall be made out of the 
territorial treasury, on the warrant of the auditor, who is 
hereby authorized to draw the same on the order of said com- 
mittee, or a majority of its members. 

Sec. 3677. — To he a Territorial School. 

The school herein provided for shall be a territorial school 
and shall in no manner be considered a private institution. 



CHAPTER XLII., LAWS 1899. 



NLVV MEXICO ASYLUM FOR THE DEAE AND DUMB. 



CONTENTS. 

Sec. 1. Creation of Asylum recognized. 

Sec. 2. Board of trustees, two of whom may be women. Organiza- 
tion, powers, expenses, etc. 
Sec. 3. Objects of school^. Instruction free to residents of territory. 
Sec. 4. Report of deaf and mute children in the territory. 



Sec. 1. — Act of Teh. 24, 188/ (Chapt.^i) Recognised and 
Continued. Lands and Improvements Made. Recognized 
Appropriations Shall he Made for Its Support. 

The asylum for the education of the deaf and dumb child- 
ren resident in this territory established by the act of the Ter- 
ritorial Legislature, approved February 24, 1897, printed in 
the Session Laws of that year as Chapter XXXI, is hereby 
recognized and continued as a territorial institution to be 
hereafter known and called "The New Mexico Asylum for the 
Deaf and Dumb." 

And all of the lands, buildings and improvements pur- 
chased and erected for the benefit of the said asylum in the 
County of . Santa Fe, shall inure to the benefit of the said 
Asylum for the Deaf and Dumb ; and pfoper appropriations 



Oli' THi: TERRITORY OF NEW MEXICO 137 

shall be made by the legislature for its continuance and 
support. 

Sec. 2. — Provides for a Board of Trustees, Tzvo of Whom 
May be Women. Organisation. Pozvers. Hxpenses. Make 
Report. Donation by Congress. 

"" The said asylum shall be under the control and manage- 
ment of a board of trustees consisting of the superintendent 
of public instruction and four other competent persons, two of 
whom may be women. 

Said four persons to be nominated by the Governor, and 
by and with the consent of the Legislative Council, ap- 
pointed to such position ; two of such appointees shall serve for 
a term of four years from the time of their appointment, and 
two for the term of two years from such date in the first 
instance, after which all appointees on such board shall serve 
for four years from the date of their appointment; vacancies 
occurring in said board shall be filled in the same manner as 
is provided for by law for the filling of vacancies in other 
public boards. 

The said board shall meet and organize on the second 
Monday of April after their appointment by electing from 
among their number a president and secretary, and it shall 
make its own rules and regulations for the government of its 
meetings and the institutions under its care. 

Such board shall have full power and authority to employ 
a superintendent, teachers and all other necessary employes 
to carry on the said asylum in the most efiicient manner with 
the appropriations made therefor, with full power to provide 
suitable buildings, additions to existing buildings, and other- 
wise enlarging and improving the buildings and property now 
occupied by the said asylum. 

Provided That it shall be unlawful for any member or 
members of said board of trustees to incur any indebtedness 
or provide any improvements, repairs, or enlarge said build- 
ings, except for current expenses, unless there shall be money 
on hand in the treasury subject to be used for such purposes. 

Such board shall serve without compensation or salary, 
except that they may be refunded actual cash expended by 
them in necessarily attending the meetings of such board ; and 
the present committee in charge of such asylum shall turn 
over upon demand of such board all records, books, papers. 



138 COMPUTATION OF THK SCHOOL I.AWS 

deeds, contracts and other property now in its hands belonging 
or appertaining to the present asylum. 

The said board of trustees shall biennially, on the years 
when the legislative assembly of the territory meets, present 
to the Governor a full and detailed report including an item- 
ized statement of all expenditures and of all its doings and 
actions during the previous two years, with such information 
and recommendations as it may deem necessary and Advisible 
(advisable) for the governor and the legislature to act upon. 

The donation by Congress under this act approved June 
21, 1898, of fifty thousand acres of land for the establishment 
and maintenance of an asylum for the deaf and dumb is hereby 
accepted by the territory for the benefit of the said asylum, 
and the said trustees shall receive and use the same as other 
property belonging to it. 

Sec. 3. — Devoted to Deaf mid Mutes. Instruction Free to 
Residents of the Territory. May Receive Children from 
Other States, and Indians. 

The Asylum hereinbefore described shall be devoted ex- 
clusively to the care and instruction of the deaf and mutes, 
those who are either deaf or mute, of both sexes, resident 
within the Territory of New Mexico between the ages of 
eight and twenty-one years. 

All instruction shall be free : Provided, That deaf or 
mute children from other states or territories, and Indian 
children under the control of U. S. Indian agents, may be re- 
ceived and educated in said asylum, under such rules and 
regulations as the board of trustees may prescribe; but in no 
event shall such children be admitted except upon the payment 
or guaranty of at least two hundred and twenty-five crollars 
for the school year on the basis of nine months for such year, 
and the president of such board of trustees is hereby author- 
ized to make and enter into on behalf of the said asylum all 
necessary agreements and contracts with the U. S. Govern- 
ment and the proper authorities of such other states and terri- 
tories for the reception and education of such children ; and he 
is further authorized to receive and receipt for all moneys 
paid upon such account and to indorse and transfer all checks, 
vouchers or other evidences of payment made or received in 
behalf of such asylum. 



OF THE TERRITORY OF NEW MEXICO 139 

Sec. 4. — Provides for Reports of the Deaf and Mute Children 
in the Territory and for Attendance at School. Enforce- 
ment. 

It is hereby made the duty of the clerks of all school dis- 
tricts and boards of education within the Territory of New 
Mexico to report to the school superintendent of their respect- 
ive counties the names, age, sex and residence of all deaf or 
mute persons of school age residing within their respective 
districts, together with the post office address of the parents 
or guardians of such children, this report to be incorporated 
in the regular report from such school district at the time pro- 
vided by law ; and it shall be the duty of such school superin- 
tendent to at once send a report to the superintendent of this 
asylum including the names and addresses of all such children 
within his county. 

It shall be the duty of the superintendent of this asylum 
to at once notify the parents or guardians of such children to 
send the same to this asylum for proper instruction at a time 
to be fixed by him. 

If the parent or guardian of any such child shall make 
oath that by reason of his poverty he is unable to suitably 
clothe such child and provide means of transportation for it 
froni its home to such asylum,. and the probate judge of such 
county in which the child lives shall certify that such is the fact 
under the seal of his court, then and in that case the superin- 
tendent of said asylum is authorized to draw a requisition upon 
the board of trustees for a sufficient amount of money to suit- 
ably clothe such child and pay for its transportation to this 
asylum, which requisition shall be honored by such board and 
such child shall thereupon be sent by its parents or guardian to 
such asylum for instruction, and the provisions of Section 42, 
Chapter 25, of the Session Laws of 1891 — Section 1555, C. L., 
1897, in regard to compulsory attendance upon the public 
schools are hereby extended to and made applicable to attend- 
ance upon some school for the deaf and mute, and the school 
directors of the several districts are hereby required and 
directed to enforce the same with regard to this asylum in the 
same mamier as is provided by that section for enforcing at- 
tendance upon the district schools. 

Any failure on the part of any person hereinbefore men- 
tioned to comply with the duties herein provided shall be 
deemed as a misdemeanor and punished as such. 



140 COMPILATION OP THE SCHOOL LAWS 

CHAPTER XLVL, LAWS 1899. 



An Act to e;nforce: the; building of' school houses. 



CONTENTS. 

Sec. 1. Upon petition, tlie question of issuing bonds may be submitted 

to a vote. 
Sec. 2. Failure to vote. Superintendent to order portion of the school 

fund as school house building fund. 
Sec. 3. Penalty for failure to perform duties required by this act. 



Sec. 1. — Upon Petition, County School Superintendent to 
Submit the Question of Issuing Bonds to a Vote. 

That the county superintendent of schools for each county 
in this territory shall have power in cases where any school 
district in his county does not own a school house, upon a 
petition signed by twenty residents of such school district, 
being each the head of a-family and having children of school 
age in the family, to order the school directors of such school 
district to submit the question of issuing bonds of such district 
for the purpose of building a school house as provided for in 
Section 1542 of the Compiled Laws of 1897 to the voters of 
such school district, and for failure or refusal so to do, such 
superintendent shall remove any or all of such directors from 
office and appoint others of his own choosing in their place. 

Sec. 2. — Failing to Vote Bonds, County Superintendent Shall 
Order a Portion of the School Fund as School House 
Building Fund. 

In cases where the question of issuing such bonds has 
been or shall be submitted to the voters of such school district, 
and shall fail to carry, then such county superintendent of 
schools shall in writing order the county treasurer to set aside 
such portion of the school fund of such district, not less than 
one-fifth thereof, yearly, for the purpose of eventually build- 
ing a school house for such district, and such fund shall be 
kept for such purpose only, and such superintendent shall, 
when in his opinion such fund is sufficiently large for the 



OF THE TERRITORY OF NEW MEXICO 141 

purpose, order the school directors of such district to build 
such school house, he to approve the contract therefor. 

Sec. 3. — Any Person Failing to Perform Duties Required, 
Guilty of Misdemeanor. Penalty. Superintendent of Pub- 
lic Instruction to Enforce This Act. 

Any person failing to perform the duties required of them 
by this act shall be guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine of not less than one hundred 
dollars, or more than five hundred dollars ; and it is hereby 
made the duty of the territorial superintendent of education or 
of public instruction to see that this act is strictly enforced, 
and to make all proper complaints for violation thereof ; and it 
is further made the duty of all district attorneys to vigorously 
prosecute the same. 



CHAPTER LXXXIX., LAWS 1907. 



APPROPRIATION EOR INDIGENT STUDENTS. 



Sec. 29. Each member of the 37th Legislative Assembly, 
and the board of county commissioners of each county in 
New Mexico, shall have the privilege, by competitive examin- 
ation or in such other manner as may be detennined by each 
.of such members of said Legislative Assembly or by each 
of such boards of county commissioners, of appointing for 
the term of four years from and after the date of such ap- 
pointment, one indigent student to any one of the following 
named institutions, to be chosen by the student or by the 
parent or parents or guardian of any such student, to-wit : 
The New Mexico College of Agriculture and Mechanic Arts, 
the New Mexico School of Mines, the University of New 
Mexico, the New Mexico Normal School at Silver City, the 
New Mexico Normal University at Las Vegas or the New 
Mexico Military Institute at Roswell. Such students, so 
appointed, shall not be less than fourteen nor more than 
twenty-three years of age. Such appointments shall be made 
on or. before the Lst day of September, 1907, and shall be in 
force and effect for said period of four years thereafter. 



142 COMPILATION 01^ THE SCHOOI. I,AWS 

Sec. 30. Such students shall be subject to the same rules, 
regulations, and discipline as are provided for other students 
of the institutions which they enter under such appointments. 

Sec. 31. The sum of twelve thousand five hundred dol- 
lars ($12,500) per annum is hereby appropriated to pay the 
expenses of such students in the respective institutions to 
which they may be appointed under the provisions of this act, 
for and during the said term of four years. 

Two hundred ($200) dollars per school year is hereby 
allowed to each of such students to pay actual and necessary 
expenses while in attendance at such institutions, and all such 
students so appointed shall receive board, lodging, matricula- 
tion and tuition without charge to them or to their parents 
or guardians; they shall receive instruction in the regular 
courses taught in any such institution the same as other stu- 
dents therein. 

Sec. 32. All actual and necessary expenses of such stu- 
dents, while in attendance at such institutions, shall be paid 
out by the president of such institution, and the treasurer 
thereof shall forward to the Auditor of the Territory the 
certificates of appointment of such students, which certificates 
shall be vouchers for the sum of two hundred ($200) dollars 
for each of such students, and upon receipt of such certificates,' 
said auditor shall draw his warrant on the territorial treas- 
urer for such amount in favor of the treasurer of any such 
institution. 

Sec. 33. The treasurer of any such institution shall pay 
out such money upon requisitions by the president of such 
institution, and each of such requisitions by the president shall- 
be accompanied by receipted bills showing the proper expendi- 
ture of the amount previously drawn for any such student. 
All such requisitions, together with such receipted bills, shall 
be filed and preserved in the records of the office of any such 
treasurer. 

Sec. 34. Should any money remain in the hands of the 
treasurer of any such institution to the credit of any student 
appointed under the provisions of this act, after the term of 
his appointment shall have expired, it shall be returned to the 
territorial treasurer and become a part of the fund appropri- 
ated for the expense of such students at such institution. 

Sec. 35. In case any student appointed as herein pro- 
vided fails to complete the four years' course, another may be 



OF THE TERRITORY OE NEW MEXICO I43 

appointed in lieu thereof for the unexpired portion of such 
course, by the board of county commissioners of the county in 
which the student so faihng to complete such course resides. 
Sec. 36. The territorial auditor is hereby authorized 
and instructed, during the years 1907, 1908, 1909, and 1910, 
to levy a tax on all the taxable property of the Territory 
sufficient to raise the amount hereinbefore appropriated as 
the expense fund for students as aforesaid provided for to 
be appointed to free scholarships in the several territorial in- 
stitutions hereinbefore mentioned, and to certify the same at 
the time and in the manner required by law to the boards of 
county commissioners of the respective counties of the Ter- 
ritory. 



144 COMPIIvATlON OF THE SCHOOI, LAWS 



Extracts from Session Laws 1899. 



CHAPTER LVIII. 



CONTENTS. 

Sec. 13. County, city, and town matured indebtedness. 

Sec. 26. Issuing bonds by school districts or boards of education. 



Sec. 13. — Every Comity and Municipal Corporation Author- 
ised and Required to Compromise and Refund Its Ma- 
tured and Maturing Indebtedness and to Issue " 'nds, Etc. 

Every county, city, town, village, and school district within 
this territory is hereby authorized and required to compro- 
mise and refund its matured and maturing indebtedness, 
evidenced by outstanding bonds, interest coupons, judgments 
or other lawful, outstanding indebtedness, hereinafter men- 
tioned, wherever the holders and owners thereof shall con- 
sent thereto, and to issue new bonds as provided in this act, 
in payment or exchange at par for any sum so compromised 
or refunded in the manner hereinafter provided. 

Sec. 26. — Issuing Refunding Bonds, School Districts or 
Boards of Education. 

' Any board of directors of any school district or board of 
education in towns, villages or cities within this territory are 
hereby authorized to refund the oustanding bonded indebted- 
ness of such school districts in the same manner and under 
the same conditions as hereinbefore provided for the refund- 
ing of outstanding bonded indebtedness of other municipali- 
ties ; and all bonds and interest coupons issued by such school 
districts in exchange for outstanding bonds shall be signed 
by the board of directors or board of education of such school 
districts and attested by the clerk of said boards, and such 
old bonds so redeemed shall be destroyed and a record of such 



o? the; territory of new mexico 145 

destruction made by such board of directors of education, and 
witnessed and attested to by the probate judge of the county 
wherein such school district is situated. 

Note — For form of bonds, etc.. see Chapter LVIII, Laws 
1899. 



CHAPTER LXXIV., LAWS 1899. 



CONTENTS. 

Sec. 7. Commissioner to keep account of all moneys. 

Sec. 29. Income derived turned over to territorial treasurer. 

Sec. 30. Occupation and improvement of school sections. 



Sec. 7. — Commisioner Shall Keep Separate Accounts of All 
M^ieys Received for Respective Funds Named. 

That the commissioner of pubhc lands shall keep separate 
accounts of all moneys received from lands reserved for com- 
mon schools, a university, an agricultural college, a school 
of mines, normal schools, a military institute, a reform school, 
an institution for the blind, an asylum for the deaf and dumb, 
permanent water reservoirs for irrigating purposes, improve- 
ment of the Rio Grande, an asylum for the insane, a miners' 
hospital for disabled miners, public buildings at the Capitol, 
territorial penitentiary, the Territory of New Mexico, or for 
any other purpose ; and the said moneys shall be turned over to 
the territorial treasurer on the first day of each month to the 
credit of the several funds respectively entitled to receive 
the same. 

Sec. 29. — Income Derived Turned Over to Territorial Treas- 
urer, for Use of Institutions of Object for Which Granted. 

That the income derived from leasing of said lands or 
from the investment or loaning of the funds belonging to 
any of the institutions or objects mentioned in this act shall be 
turned over to the territorial treasurer, as provided for in 
this act, to the sole credit, and for the sole use, establishment 
and maintenance of that particular institution or object for 
which the said lands or funds were granted or set apart. And 
said income derived from leasing, investment or loaning, in 



146 COMPILATION OF THE SCHOOL LAWS 

excess of actual expenses necessarily incurred in connection 
with the execution thereof, and so turned over to the credit 
of any particular institution or object, shall be paid out to 
said institutions or object, according to the provisions 
for paying public moneys to such institutions or objects : 
Provided, That the territorial treasurer shall, quarterly, on 
or before the first Monday of March, June, September and 
December, make a complete exhibit of all monies applicable 
to the use and support of the common schools of the territory, 
and shall deliver the same, duly certified, to the Territorial 
superintendent of public instruction; and within twenty days 
thereafter the territorial superintendent shall make the ap- 
portionment of said moneys to the various counties according 
to the pro rate enumeration of school children in each county 
last returned from the county superintendent, and shall certify 
the apportionment of each county to the territorial treasurer 
and territorial auditor and to the treasurer and superintend- 
ent of each county, and the territorial auditor shall draw his 
order on the territorial treasurer in favor of the treasurer of 
each county for the amount proportioned to the county ; and 
said moneys so apportioned shall be apportioned and distri- 
buted in said county according to the provisions governing 
the apportionment and distribution of other territorial funds. ■ 

Sec. 30. — Occupation and Improvement of School Sections as 
Amended by Chapter po, Laws ipoj. 

That whenever any school section, that is, Section 16 
and 36, or any other portion of the public domain, which may 
be selected or segregated for the purposes of this act, is occu- 
pied by any person or persons, such person or persons having 
made improvements thereon, such person or persons shall 
have the preference right, to lease such section or part thereof, 
so occupied and improved, and if any such person or persons 
is, or are an ex-soldier of the civil war, his widow, heir or 
heirs, and may heretofore have cultivated, or improved said 
lands, such ex-soldier, his widow, heir or heirs, shall have the 
preference right to lease such sections, or the whole or any 
part of which he, she or they may have cultivated and im- 
proved, whether such ex-soldier, his widow, heir or heirs, shall 
have actually lived upon such land or not. And when the 
same may be sold or offered for sale, such person or persons 
shall have the preference right of purchase thereof ; Provided, 



OF The; territory of new mexico 147 

A claim for such right shall be filed with' the commissioner 
of public lands within thirty days of the approval by the sec- 
retary of the interior of the selection of the said land,"or within 
ninety days after the approval of this act, in case of school 
section : And, Provided, further, Whenever any school section, 
or part thereof, or any portion of the public domain which may 
be selected and segregated for the purpose of this act, and 
which may be occupied or used as a cemetery or burial ground 
by any person or persons, or community, shall have the 
preference right to purchase the same at one dollar and 
twenty-five cents per acre, and said section or parts thereof so 
used, shall not be leased under the provisions of this act, 
except for cemetery purposes for the person or community 
occupying the same for such purpose. 



148 COMPILATION Of TH^ SCHOOL LAWS 



Extracts from Laws 1901. 



CHAPTER III. 



An Act i^or the protection of minors and pupils in 
SCHOOLS. C. B. No. 1; Approved February 18, 1901. 



CONTENTS. 

Sec. 1. Unlawful to sell or give intoxicating liquors or tobacco to 

minors. 
Sec. 2. Minors not to engage in games around establishments where 

liquors or tobacco are sold. 
Sec. 3. Minors not to loiter about nor frequent saloons nor gambling 

places. 
Sec. 4. Copy of laws to be kept posted. 
Sec. 5. Penalty for violation of this act. 
Sec. 6. Further penalty for violation of this act. 



Sec. 1. — Unlawful to Sell or Give Intoxicating Liquors or 
Tobacco to Minors or Pupils in Bducational Institutions. 

That it shall be unlawful for any person to sell or give to 
any minor under the age of eighteen years, or to any pupil 
of any school or educational institution within this territory 
any intoxicating liquor or any cigars, cigarettes, or tobacco in 
any form, except upon the written consent of the parent or 
guardian of such minor or pupil. 

Sec. 2. — Minors and Pupils Not PHimtted to Engage in 
Games of Any Kind in BstablisHments Where Intoxicat- 
ing Liquors or Tobacco Are Offered for Sale. 

It shall be unlawful for any merchant, apothecary, saloon- 
keeper, or the proprietor or manager of any other establish- 
ment in which intoxicating liquors or tobacco in any form 
are kept or offered for sale to permit any minor under the 



OF THE TERRITORY OF NEW MEXICO 149 

age of eighteen years or pupil in any school or educational 
institution to engage in any play, or game of chance with 
cards, dice, wheels, or by the manipulation of any machine or 
device by m^eans of which money or any commodity or prop- 
erty may be hazarded, won or lost, acquired or transferred. 

Sec. 3. — Minors and Pupils Not to Loiter about Nor Frequent 
Saloons Nor Gambling Places. 

It shall be unlawful for any proprietor, keeper or man- 
ager of any saloon where intoxicating liquor is kept or offered 
for sale, or where gambling in any form is carried on or per- 
mitted, to permit any minor under the age of twenty-one years 
or any pupil in any school or educational institution to loiter 
upon or frequent the premises belonging to such saloon, or to 
engage in games or amusements of any kind thereon. 

Sec. 4. — Printed Copy of Laws to Be Kept Posted. 

Every person maintaining an esltablishment where in- 
toxicating liquor or tobacco in any form are kept or offered 
for sale is required to keep posted in a conspicuous place 
within his place of business a printed copy of this law, and it 
shall be unlawful for any person to carry on his business with- 
out having such copy at all times posted as aforesaid. 

Sec. 5. — Penalty for Violation of Act. ' 

(As amended, Laws 1903). Any person violating the 
provisions of the foregoing sections of this act, or any of them, 
shall upon conviction be punished for each offense by a fine 
not less than twenty-five nor more than one hundred dollars, 
or by imprisonment not less than thirty days nor more than 
three months, or both, at the discretion of the court trying 
the cause; and the moneys accruing from such fines shall be 
covered into the general school fund of the county in which 
the offense occurs. And it is hereby made the duty of the 
county superintendent of schools to prosecute before justices 
of the peace all persons, firms or corporations violating Section 
4 of this act. 

Sec. 6. — Penalty for Violation of This Act. 

Any person who shall have been convicted of violating 
the fourth section of this act, or who shall have been twice 



150 COMPUTATION OF THE SCHOOL 1.AWS 

convicted of violating any other section of this act, shall, in 
addition to the penalties otherwise in this act prescribed, for- 
feit his license and right to do business of the nature herein- 
before mentioned within the county in which the offense was 
committed for the period of one year, and the doing of such 
business by such person within such county during said 
period after such conviction shall be punishable as prescribed 
in section five of this act. 

Sec. 7. The word "person," as used in this act, shall be 
deemed to mean firm or corporation, as well as natural person, 
and the person managing the business of such firm or corpo- 
ration shall be liable to the penalties prescribed by this act. 
And the proprietor or owner of any of the establishments men- 
tioned in this act shall be liable to the penalties prescribed by 
this act for any violation of its provisions within or at their 
establishments, whether committed by themselves or by per- 
sons in their employ. 

Sec. 8. All acts and parts of acts in conflict with the 
provisions of this act are repealed, and this act shall be in 
force from and after its passage. 



CHAPTER XVII.. LAWS 1901. 



CONTENTS. 

Sec. 26. School superintendents to ejiforce vaccination. Penalty for 

refusal. 
Sec. 27. Providing for the payment of vaccination. 



Sec. 26. — School Superintendents to Enforce Vaccuiation, 
Penalty for Refusal of Parents. Provisions of Section 
Applicable to Incorporated Cities and Tozmis, and Boards 
of Bdncation. 

It shall be the duty of the school superintendent of each 
county to see that all children in his county, of school age, 
are vaccinated against smallpox, and to that end every 
teacher of a public school shall see that the children in his dis- 
trict are successfully vaccinated or have been vaccinated within 
one year pre\'ious, and it shall be unlawful for any child 



OF THE TERRITORY OF NEW MEXICO 151 

to attend school, or for any teacher to allow such child within 
any school house unless so vaccinated, or showing proper certi- 
ficate that it has been vaccinated; -such teacher shall make 
report of the number of children whom they have caused to 
be vaccinated, and those who have presented certificates that 
they have been vaccinated to the county school superintendent 
at the beginning of the school year and as often thereafter as 
they may deem necessary, together with the report of the 
names of any parents who refuse to allow their children to be 
vaccinated, and any person who shall so refuse or neglect to 
have his or her children vaccinated in accordance with the 
law, shall be deemed guilty of a misdemeanor and upon a 
report to that effect by the county superintendent, it shall be 
the duty of the sheriff or any constable whom he may desig- 
nate, to arrest such person, and upon being convicted he shall 
be fined not less than ten dollars nor- more than one hundred 
dollars, or imprisoned in the county jail not exceeding one 
hundred days, and the fine so imposed shall go to and be a 
part of the school fund of the district in which said offender 
lives. These provisions shall apply to children and parents 
in incorporated cities and towns, and the duties heretofore 
imposed upon county school superintendents are hereby made 
applicable to boards of education therein. 

Sec. 27. — Providing for the Payment of Vaccination. 

The vaccination provided for in the previous section shall 
be by the health officer, appointed by the board of county 
commissioners or by some competent person selected by the 
school directors of the district or the board of education in the 
city or town, and shall be paid for by the parents of such 
children where they are able to do so, but in case of their in- 
ability by reason of poverty, the same shall be paid for by the 
board of education or school directors of the several districts, 
out of the school fund. 



CHAPTER XXVII., LAWS 1901. 



Sec. 3. — Special Teachers' histitutes May Be Held. Munici- 
pal Boards May Levy Taxes. 

In addition to the 'privileges, powers and duties of boards 



152 COMPILATION OF THE SCHOOL LAWS , 

of education heretofore prescribed by law, the power is hereby 
granted to boards of education for districts consisting of in- 
corporated cities or towns to employ a city or district super- 
intendent, who in conjunction with the board of education, 
shall be authorized to hold special teachers' institutes for the 
instruction of teachers ; and they shall also have power to levy 
a tax for the support of the schools of the district, not ex- 
ceeding in any one year ten (10) mills on the dollar on all 
taxable property within the district, for school purposes ; said 
levy to be made, approved, certified, and collected as hereto- 
fore provided by law. 



CHAPTER XXIX. 



An Act prescribing the duties of the sheriffs of the 

VARIOUS counties IN REGARD TO LIQUOR AND GAMING LI- 
CENSES. C. B. No. 49; Approved March 9, 1901. 



CONTENTS. 

Sec. 6. Sheriffs to collect liquor and gaming licenses; distribution of 
bv treasurer. 



Be it enacted by the Legislative Assembly of tJie Territory of 
Nezv Mexico : 

Sec. 6. The sheriffs of the several counties shall here- 
after be the. collectors of all liquors and gaming licenses, and 
shall be entitled to retain out of the proceeds of such licenses 
so collected as compensation for their services a commission of 
four per cent. Such licenses shall be made and issued as now 
provided by law and delivered to the sherifif for collection 
who shall receipt for same and immediately proceed to enforce 
collection thereon. It shall be the duty of the sheriff to turn 
over all money or moneys so collected on or before the tenth 
day of each month for collections made during the preceding 
month, to the county treasurer, who shall immediately dis- 
tribute the same two-thirds (7^) thereof to the. credit of the 
school district wherein suqh license was paid, and one-third 
(Ys) thereof to the credit of the general school fund of the 
county and shall issue receipts for sucH money or moneys so 



OF THE TERRITORY OF NEW MEXICO I53 

received in triplicate, the original receipt to be delivered to the 
sheriff turning the money, the duplicate receipt to be filed 
with the county clerk and the triplicate receipt to be retained 
in the office of the county treasurer. The said sheriffs are 
further required to file an itemized monthly report of all col- 
lections made under the provisions of this act, said report shall 
set forth the amount received or collected, the name of the 
person or persons from whom collected, the amount of com- 
mission retained, shall be made and filed on or before the 
tenth day of each month, and shall be made in triplicate, the 
original report to be filed with the county treasurer, the dupli- 
cate report to be filed with the county clerk, and the triplicate 
report shall be retained in the office of the sheriff. 



CHAPTER XLIII. 



An Act for the protection of children and others at- 
tending THE PUBLIC schools OR OTHER EDUCATIONAL 
institutions IN THE TERRITORY OF NEW MEXICO. C. B. 

No. 50; Approved March 18, 19Q1. 



CONTENTS. 

Sec. 1. Persons afflicted with tuberculosis not to be employed as 

teachers. 
Sec. 2-3. Certification of good health required. 
Sec. 4. Fee for certificate. 

Sec. 5. Complaint may be filed. Teacher may be discharged. 
Sec. 6. Penalty for failure of officials to discharge their duties. 



Sec. \.— Persons Afflicted With Tuberculosis Not to Be Em- 
ployed as Teachers. 

No person shall be employed as a school teacher, instructor 
or professor in any public school or other educational institu- 
tions in the Territory of New ]\Iexico supported in whole or 
in part by revenues derived from taxes paid into the public 
treasury by the taxpayers of this territory who shall be af- 
flicted with the disease called tuberculosis, commonly known 
as consumption, in a transmissible form. 



154 COMPILATION 0^ THE SCHOOL LAWS 

Sec. 2-3. — Certification of Good Health Required, 

Before any person shall be employed as a school teacher, 
instructor or professor in any public school or other educa- 
tional institution of this territory he shall file with the gov- 
erning authorities of the school district, board of education, 
board of regents, or other governing educational body of any 
university or college, a certificate from a regular physician, 
who shall be named by the president of the territorial board 
of health, that the said person is not at the time of the ex- 
amination to be made by said physician aft'licted with the said 
disease called tuberculosis, commonly known as consumption 
as hereinbefore defined. 

Sec. 3. Any and all persons now employed as school 
teachers, instructors or professors in any public school- or 
other educational institution in this territory shall, within 
thirty days from and after the passage and approval of this 
act, obtain and ■ present to the governing authorities of the 
school district, board of education, board of regents or other 
governing educational body of any university or college, in 
which such person shall be employed, a certificate from a 
regular physician so to be named by the president of the terri- 
torial board of health that the said person is not at the time 
of the examination, to be, made within said thirty days by 
said physician, afflicted with the said disease called tuber- 
culosis, commonly known as consumption, as hereinbefore de- 
fined, and any such person failing to obtain and file the said 
certificate as herein provided within the time herein specified 
shall be forthwith discharged as such school teacher, instructor 
or professor by the authorities provided by law for the em- 
ployment and release and discharge of persons employed as 
school teachers, instructors or professors in the public schools 
or other educational institutions of this territory. 

Sec. 4. — Fee for Certificate. 

For the making of the examination provided for in this 
act and for the making of the certificate hereby provided for, 
the physician making the same shall charge a fee of two 
dollars and no more. 

Sec 5. — Complaint May Be Filed. Teachers May Be 
Discharged. 

If at any time there shall be lodged with the governing 



OF The; territory of new mexico 155 

authorities of any school district, board of education, board 
of regents or other governing educational body, a complaint 
signed by any taxpayer of this territory, setting forth that in 
his opinion any school teacher, instructor or professor is af- 
flicted with the disease known as tuberculosis, commonly 
called consumption, as hereinbefore defined, such governing 
authorities, board of education, board of regents or other edu- 
cational body shall forthwith require such persons so claimed 
to be afflicted with tuberculosis to submit to an examination 
by a physician to be named by the president of the territorial 
board of health, and unless such -person shall within ten days 
thereafter file with the school authorities a certificate from 
such physician that he is not afflicted with the disease com- 
monly known as tuberculosis or consumption, such person 
shall be forthwith 'discharged from employment as such 
teacher, instructor or professor, and no warrant or order for 
any salary or wages to any such person shall be paid by any 
school or other treasurer until such certificate shall have' been 
obtained and filed as provided for in this section. 

Sec. 6. — Penalty for Failure of Officials to Discharge Their 

Duties. 

Any person holding any office, administrative or otherwise, 
connected with the public schools or educational institutions 
of this territory or any county, city or other municipality 
thereof, who shall refuse to perform or neglect to perfomi 
the duties prescribed for him by the provisions of this act 
shall, upon complaint duly filed with the governor of this 
territory and duly substantiated to the satisfaction of said 
governor, be forthwith removed from office by the governor. 

Sec. 7. This act shall take effect and be in force from 
and after the passage thereof. 

Note.— See Chapter 92, Laws 1903, here following. 



156 COMPILATION O^ THE SCHOOI. I,AWS 

CHAPTER XCIL, LAWS 1903. 



An Act to amend chapter 43, of the session eaws of 
NEW MEXICO OF 1901, All Act entitled "An Act for the 
protection of school children and for other purposes." 



CONTENTS. 

Sec. 1. Applicants for teachers' certificates found to be afflicted with 
tuberculosis. 

Sec. 2. Right of appeal to board of health only. Penalty for viola- 
tion of this provision. 



Sec. 1. — Applicants for Teachers' Certificates Found to Be 
Afflicted With Tuberculosis. Duty of Hxamining Physi- 
cian and Superintendent of Public Instruction. Appli- 
cants to Right of Appeal to Board of Health. 

That whenever in this act the phrase or expression "physi- 
cian appointed by the president of the New Mexico "Board of 
Health" occurs, the same is hereby stricken out and the fol- 
lowing inserted in lieu thereof: "Any reputable physician, 
who is a resident of New Mexico and who is not himself 
afflicted with the disease." 

Whenever such physician shalffind the applicant to be af- 
flicted with tuberculosis, or what is commonly known as 
consumption, it shall be his duty to at once notify the superin- 
tendent of public instruction of New Mexico, giving the name, 
age and sex of applicant, together with the date of examina- 
tion, and a general statement of the case. Whereupon it shall 
be the duty of said superintendent to at once notify the 
school superintendents of each county in New Mexico of the 
information he has received. And in case any applicant so 
examined shall feel aggrieved he may take appeal to the New 
Mexico board of health and present himself for examination, 
and it shall be the duty of said board of health to thoroughly 
examine such person, and the result and decision of said board 
shall be final, and such decision shall be certified by it to the 
superintendent of public- instruction of New Mexico, who shall 
thereupon notify the different school superintendents of each 
county. 



OF THE TERRITORY OE NEW MEXICO 157 

Sec. 2. — Right of Appeal to Board of Health Only. Violation 
of This Provision. Penalty. 

No person who has been examined by a physician under 
this act or of the act of which it is amendatory, and has been 
rejected by such physician shall apply to any other physician 
for examination or certificate, but he shall have right of ap- 
peal to the board of health of New Mexico. And if any person 
shall apply to any other physician in violation of this act, he 
shall be deemed guilty of a misdemeanor, and upon conviction 
shall be fined in any sum not to exceed one hundred dollars 
($100.00) and shall not be eligible as a school teacher in any 
county in New Mexico. The fine hereby imposed shall be 
collected and paid over to the territorial school fund. 

Sec. 3. All acts and parts of acts in conflict are hereby 
repealed, and this act shall be in force thirty days after its 
passage. 



CHAPTER LV. 



An Act to regulate the election oe directors oe 
SCHOOLS, Approved March 19, 1901. 



CONTENTS. 

Sec. 1. Term of office of directors. 

Sec. 2. But one director to be voted for at each election. 



Sec. 1. — Term of Office of Directors. 

That at the next ensuing election of directors of schools 
in the several districts of the counties of this territory one of 
the three of such directors shall be elected and shall hold his 
office for a term of three years, one of such three directors 
shall be elected and shall hold his office for a term of two 
years, and the third of such directors shall be elected and 
hold his office for a term of one year. 

Sec. 2 (As Amended). — But One Director to Be Voted For. 

At each election after the next ensuing election of such 
directors, but one of such directors shall be voted for. except 



1.58 COMPILATION OF THE SCHOOL LAWS 

in case of election to fill vacancy for unexpired term, and he 
shall be elected to fill the vacancy for a term of three years 
from the first day of May thereafter: Provided, however, 
That the term of office of a school director elected for 1907 
under the provisions of these amended acts, shall begin on the 
first Mondav in Julv, 1907, and end on the first Monday in 
May, 1908.' 

Sec. 3. All acts and parts of acts in conflict with the pro- 
visions of this act are repealed, and this act shall take effect 
and be in force from and after the date of its passage. 



CHAPTER LMI. 



An Act relative to the payment of school teachers, 
Approved March 19. 1901. 



Sec. 1. — School Teachers to Be Paid Monthly. 

That hereafter all public school teachers engaged in teach- 
ing within incorporated cities, towns and villages, as well as 
in any other public schools in the Territory of New Mexico 
shall be paid monthly instead of quarterly, as now provided 
by law. unless there are no funds available, in which event 
they shall be paid as soon as the funds are available therefor. 

Sec. 2. All laws or parts of laws in conflict herewith are 
hereby repealed, and this law shall be in full force and effect 
from and after its passage and approval. 



CHAPTER XCV. 



An Act to amend section eight (8) of chapter twenty- 
two (22) of the session laws of 1899, Approved 
March 21. 1901. 



Sec. 1. That section eight (8) of Chapter twenty-two 



• OF THE TERRITORY OE NEW MEXICO 159 

(22) of the Session Laws of 1899 be amended so as to read 
as follows 

Sec. 8. — Exemptions From Taxation. Amount. 

That section 1757 of the Compiled Laws of 1897 is hereby 
repealed, and in lieu and stead thereof is enacted the following : 

That there shall be exempt from taxation for territorial, 
county and school purposes a family homestead, actually 
owned, occupied and used as such by the head of the family 
residing in this territory, to the amount in value of two hun- 
dred dollars : Provided, That any person making claim for 
exemption must list the property for taxation, and before any 
such exemption shall be granted the claimant must make oath 
before the assessor as to the true market value of such prop- 
erty, and further swear that he is the head of a family, residing 
in this territory : Provided, That any head of a family claim- 
ing the benefits of this section who shall in any manner assign, 
transfer or set over any part or portion of his homestead for 
the purpose of distributing its value between or among differ- 
ent persons, being heads of famihes, so that said homestead, or 
any portion thereof, shall be below the sum of two hundred 
dollars in value, and so that more than one homestead exemp- 
tion may be claimed in such homestead, such person shall not 
receive the benefits of said exemption, but the whole of such 
homestead shall be assessed at double its actual value, and he 
shall be compelled to pay taxation thereon without the bene- 
fits of any exemption thereon : Provided further, That in 
the event that any head of a family residing in this territory 
should not be the owner of a homestead, or the value of whose 
homestead does not amount to the sum of two hundred dollars, 
then such person shall be entitled to an exemption in the sum 
sufficient to make the total value of his exempt property two 
hundred dollars, which said exemption shall be allowed only 
out of the following classes of property, to-wit : real estate 
other than a homestead which the said head of family owns or 
is possessed of in the count}^ wherein he resides and has his 
domicile; farming implements, wagons, one team, either of 
horses, mules, burros, or one yoke of oxen, or one milch cow. 
or.he may have such exemption, in the absence of such personal 
property, out of goats or household or kitchen furniture. 

Sec. 2. This act shall be in force and effect from and 
after its passage. 



160 COMPIIvATlON OF THE) SCHOOI. I.AWS 

CHAPTER XCVIII. 



An Act requiring territoriai, institutions to account 
FOR PUBLIC money RECEIVED BY THEM, Approved March 
21, 1901. 



CONTENTS. 

Sec. 1. Records and itemized accounts to be kept. 

Sec. 2. Accounts of charitable Institutions. 

Sec. 3. Detailed statement of receipts and disbursements. Penalty. 



Sec. 1. — Records and Itemised Accounts to Be Kept. Item- 
ized Accounts to Accompany Requisition for Money. 

The boards of managers of the different territorial institu- 
tions, under whatsoever name they may be legally designated, 
are hereby directed and required to keep in suitable books 
of record a strict account of all moneys received by them 
from the territory, and also itemized accounts of the disburse- 
ment of the same. They shall require all bills against such in- 
stitutions to be made out in duplicate, and all salaries or other 
expenditures except for bills and current expenses shall be 
receipted for in duplicate, one of such bills or receipts to be 
kept by the said board of managers with the other papers and 
property of the institution, and the other to accompany all 
requisitions upon the auditor of the territory for warrants, 
and no warrant shall be drawn by the auditor for any amount 
in favor of any such institution unless the requisition therefor 
is accompanied with such itemized receipts for the money ex- 
pended after the last requisition. 

Sec. 2. — Accounts of Charitable Institutions. 

The persons in charge of each charitable or other institu- 
tion which receives territorial aid, shall make their requisitions 
upon the auditor in the same manner as is provided for terri- 
torial institutions in section one of this act, and shall keep 
books and furnish itemized duplicate receipts for all moneys 
received and paid out, in the same manner. 



OF THt TERRITORY OF NEW MEXICO 161 

Sec. 3. — Detailed Statement of Receipts and Disbnrsements. 

Penalty. 

It is hereby made the duty of the several boards of man- 
agers of territorial, charitable or other institutions which re- 
ceive any money from the territorial treasury, at the end of 
each fiscal year to make out an itemized and detailed state- 
ment of all receipts and disbursements of such institution up 
to and including the last day of said fiscal year, which shall be 
sworn to as correct by the secretary, treasurer or other ac- 
counting officer of such institution who draws and receives the 
territorial funds, and shall be transmitted to the governor of 
the territory within the first thirty days of the new fiscal year ; 
and any failure on the part of any person or officer to per- 
form the duties herein specified shall subject such person to 
removal from his position, and in case he is a bonded officer 
it shall be considered as a breach of his bond and be a misde- 
meanor in office, for which he may be fined in any sum not 
exceeding five hundred nor less than one hundred dollars, 
which shall be recovered from him and the sureties on his 
bond as a penalty. 

Sec. 5. All acts and parts of acts in conflict herewith are 
hereby ?epealed ; and this act shall take effect and be in force 
from and after its passage. 



162 COMPILATION Of THE SCHOOL LAWS 

CHAPTER cm. 



An Act to provide: for the refunding oe bonds issued 

BY cities or towns FOR SCHOOL PURPOSES, OR TO FUR- 
NISH SCHOOL HOUSES, AND TO VALIDATE SUCH BONDS, 

Approved March 21, 1901. 



CONTENTS. 

Sec. 1. Bonds issued for school purposes validated and legalized. 
Sec. 2. Cities and towns may refund outstanding bonds. 
Sec. 3. Manner of issuing such refunding bonds. 



Sec. 1. — Bonds Issued for School Purposes Validated and 

Legalized. 

Be it Enacted by the Legislative Assembly of the Territory 
of New Mexico, as foUozvs: 

In all cases where any of the cities or towns within the 
Territory of New Mexico have heretofore issued bonds for the 
purpose of raising funds wherewith to purchase grounds for 
school buildings and school purposes, or with which to con- 
struct a school house or school houses, or with which to fur- 
nish school houses, and the proceeds of such bonds have been 
actually used for such purposes, or for any of them, such bonds 
are hereby validated and legalized. 

Sec. 2. — Cities and Towns May Refund Oustanding Bonds. 

In all cases mentioned in the foregoing section, where 
any such bonds have been issued, the city or town issuing 
the same, or the successor of such city or town, is hereby 
authorized and empowered to refund such bonds as may be 
outstanding, par for par, at a rate of interest not exceeding 
five per cent, and running for a period of not less than ten 
or more than' forty years. 

Sec. 3. — Manner of Issuing Such Refunding Bonds. 

Whenever the city council of any city, or the board of 
trustees of any town in this territory shall determine to re- 
fund any of the bonds in this act mentioned, such council 
or board of trustees, shall make and enter, of record in their 



OF* The territory oe new mexico 163 

proceedings a general description of the bonds to be refunded, 
giving the date and amount of such issue, also an order to 
the efifect that such bonds be refunded, stating the interest 
such refunding bonds are to bear, and the time they are to 
run ; and Avhen the bonds are refunded the refunding bonds 
shall bear a certificate, stating that they are issued under the 
authority of this act, that they are such bonds as may be prop- 
erly refunded under this act, which certificate shall be signed 
by the mayor and countersigned by the clerk and attested by 
the' seal of the municipality issuing such refunding bonds. 
A record shall be made by the municipality refunding such 
bonds showing the number and amount of the refunding bonds 
issued, to whom issued or sold, the time when payable and the 
rate of interest. 

Sec. 4. This act shall be in force and efifect from and 
after its passage. 



CHAPTER LXXXIV. 



lN Act Entitled an act concerning the location and 

KEEPING OE bawdy HOUSES IN CITIES, TOWNS AND VIL- 
LAGES. C. B. No. 67; Approved March 21, 1901. 



CONTENTS. 

Sec. 1. Location. Penalty. Municipalities to have control. 

Sec. 2. Leasing of building in violation. 

Sec. 3. When to be the deemed keepers. 

Sec. 4. Leases to be void. 

Sec. 5. Duties of officers. 

Sec. 6. When saloons to be considered bawdy houses. 

Sec. 7. Testimony. 

Sec. 8. Jurisdiction vested in district courts and justice of the peace. 



Be it Enacted by the Legislative Assembly of the Territory 
of Nezv Mexico: 

Section 1. That every person who shall set up or keep a 
brothel, bawdy house, house of assignation or prostitution, in 
any town, city or village in the Territory of New Mexico, 



164 COMPILATION OF" THE SCHOOL LAWS 

within seven hundred feet of any school house, college, semi- 
nary or other institutions of learning, or any church, opera 
house, theater, hall of any benevolent or fraternal society, or 
other place of public assemblage, shall on conviction thereof 
be adjudged guilty of a misdemeanor and shall be punished by 
a fine of not exceeding one hundred dollars ($100), or by 
imprisonment in the county jail for a period not exceeding 
sixty (60) days, or by both such fine or imprisonment; and 
outside of seven hundred feet limits the city council and board 
of trustees of the different municipalities, whether incorporated 
under general or special laws, shall prohibit and suppress, or 
shall regulate, restrain and place under municipal supervision, 
lewd women, prostitutes, brothels, bawdy houses and houses 
of assignation or prostitution, whether they live or practice 
acts of lewdness or prostitution within the limits of the 
municipality or within one mile thereof. 

Sec. 2. Every person who shall knowingly lease or let 
to another any house or other building, for the purpose of 
setting up or keeping therein any such brothel, bawdy house, 
house of assignation or prostitution, as mentioned in the fore- 
going section, within seven hundred feet of any such school- 
house, college, seminary, or other institution of learning, or 
any church, opera house, theater, hall of benevolent or fra- 
ternal society, or other place of public assemblage, or for the 
purpose of being kept or used as such brothel, bawdy house, 
house of assignation or prostitution, shall on conviction thereof 
be adjudged guilty of misdemeanor, and punished as provided 
in section one (1) of this act. 

Sec. 3. Every person appearing or acting as a master or 
mistress of any such brothel, bawdy house, house of assigna- 
tion or prostitution, or having the care, use or management of 
any such brothel, bawdy house, house of assignation or prosti- 
tution, used for the purposes specified in section one of this 
act, shall be deemed the keeper thereof. 

Sec. 4. Whenever any lessee shall permit any house or 
building to be used as such brothel, bawdy house, house of 
assignation or prostitution, contrary to the provisions of this 
act, the lease or agreement for the leasing of such house or 
building, shall become void, and the leaser may enter on the 
premises so let, and shall have the same remedies for the re- 
covery as in case of a tenant holding over his term. 

Sec. 5. (As amended by laws of 1903.-) It shall be the 



OF THE TERRITORY OF NEW MEXICO 165 

duty of the marshal or chief of police or other officer discharg- 
ing the duties of such marshal or chief of police, to enforce 
the provisions of this act, by filing a complaint before the 
proper justice of the peace, or police justice, against persons 
violating any of the provisions of this act, and it shall be the 
duty of the governing body of all cities, towns or villages in 
this territory, upon proof that such officer or officers have 
failed to discharge duties, to summarily remove them from 
office. 

And it is hereby made the duty of the district attorney of 
the county wherein any of the specified violations are com- 
mitted to investigate as to any violations of this act and to at 
once file an information before the judge of the district court 
of such county or any justice of the peace in such county 
against any and all persons committing any of the offenses 
herein specified and to prosecute diligently all persons so 
offending, and any district attorney failing or neglecting to 
comply with the provisions of this act shall be summarily re- 
moved by the governor who shall appoint his successor. 

Sec. 6. Any saloon or other place where drinks are 
served, frequented by women having the general reputation of 
being prostitutes, shall be considered a bawdy house, brothel, 
house of assignation or prostitution, within the meaning" of 
this act. 

Sec. 7. No person shall be incapacitated, or excused from 
testifying concerning any offenses committed by another 
against any of the provisions of this, act, but the testimony 
which may be given by such person shall in no case be used 
against him. 

Sec. 8. Each day such brothel, bawdy house, house of 
assignation or prostitution is kept, shall be cfc)nsidered a sepa- 
rate offense under this act, and jurisdiction of any offense 
under this act is hereby vested in the district court, by indict- 
ment or information, as well as in the justice of the peace, and 
other cases of misdemeanor. 



166 COMPUTATION OF THE SCHOOI. LAWS 



Extracts from Session Laws 1903. 



CHAPTER II. 



An Act to establish and maintain an asylum for the 
deaf and dumb, an institution for the blind, and a 
miners' HOSPITAL FOR DISABLED MINERS, Approved Feh- 
ruary 13, 1903. 



CONTENTS. 

Sec. 1. Creation and location of Asylum. 

Sec. 5. Acceptance of Grant of Lands. 

Sec. 6. Trustees, qualifications, duties, etc. 

Sec. 7. Powers of trustees. 

Sec. 3. Creation and location of Institute -for the Blind. 

Sec. 8. Institute for the Blind. Purpose, rules for admission. 

Sec. 10. Reform School. Whom to confine therein. 

Sec. 11. Reform School. Supt. or warden to enforce rules. 

Sec. 12. Committee to select sites. Duties, etc. 

Sec. 13. Erection of buildings. 



Sec. 1. — "Nczv Mexico Asylum for the Deaf and Dumb" 
Created. Location. 

That there is hereby created and established an asylum 
for the deaf and dumb, to be known as the "New Mexico Asy- 
lum for the Deaf and Dumb," which is hereby estabhshed 
and permanently located at the city of Santa Fe, in the county 
of Santa Fe and Territory of New Mexico. 

Sec. 3. — "New Mexico Institute for the Blind" Created. 
Location. Donation of Land. 

That there is also hereby created and established an in- 
stitution of learning to be known as the "New Mexico Insti- 
tute for the Blind," which is hereby located and established 
in the county of Otero, in the Territory of New Mexico, at 



OF THE TERRITORY OF NEW MEXICO 167 

the town of Alamogordo, in said county, upon a tract of land 
suitable for the purposes of such institution, consisting of not 
less than twenty acres, to be donated and conveyed, free of 
cost, to the Territory of New Mexico, the title to which shall 
be examined and passed upon by the solicitor general, and 
proper conveyances thereof made within six months from the 
passage of this act, such tract of land to be selected by three 
commissioners, to be appointed by the governor for that pur- 
pose as hereinafter provided. 

Sec. 5. — Acceptance of Grant of Lands. 

That act of Congress, approved June 21st, 1898, entitled. 
An Act to make certain grants, of land to the Territory of New 
Mexico, and for other purposes, is hereby accepted with all its 
terms and conditions, by the Territory of New Mexico, in so 
far as the same apply to the above named institutions ; and no 
improvements or buildings shall be made or created upon any 
of such lands as are hereinbefore provided for until proper 
deeds therefor, duly approved by the solicitor general, have 
been executed and recorded in the proper county and filed in 
the office of the secretary of the Territory. 

Sec. 6. — Boards of Trustees. QvmlHicaHons. Appointment. 
Term of Office. Organization. Secretary and Treasurer to 
File Bond. 

The management and control of each of said institutions 
above established, the care and preservation of all property of 
which they shall become possessed, and erection and construc- 
tion of all buildings necessary for their use, and the disburse- 
ment and expenditure of all moneys appropriated by the Terri- 
tory of New Mexico, or which shall otherwise come into their 
possession, shall be vested in a board of five trustees, one of 
such boards for each of said institutions ; and each of said trus- 
tees shall be qualified voters and owners of real estate in the 
Territory of New Mexico. Said trustees shall possess the 
same qualifications, shall be appointed in the same manner, 
and their terms of office shall be the same and the vacancies 
therein shall be filled in the same manner as is now provided 
by law with reference to the regents of the Territorial Univer- 
sity at Albuquerque, New Mexico. Said trustees and their 
successors in office shall constitute a body corporate under the 
name and style of "The Trustees of the New Mexico Asylum 



168 COMPILATION OF THE SCHOOL LAWS 

for the Deaf and Dumb/' "The Trustees of the New Mexico 
Reform School," "The Trustees of the New Mexico Institute 
for the Bhnd," and "The Trustees of the Miners' Hospital of 
New Mexico," respectively, with the right as such of suing and 
being sued, of contracting and being contracted with, of mak- 
ing and using a common seal and altering the same at pleasure, 
and of causing all things to be done necessary to carry out the 
provisions of this act. A majority of such board of trustees 
of any of the above institutions shall constitute a cjuorum for 
the transaction of business, but a less number may adjourn 
from time to time. Said trustees shall be respectively ap- 
pointed by the governor of the Territory of New Mexico, 
within thirty days after he shall be notified by the secretary of 
the territory that the deeds for each of the above named insti- 
tutions have been filed in his office; and it shall be the duty 
of each of said boards of trustees to meet and organize by 
electing its officers at the county seat of the county wherein 
the said institutions are located, within thirty days after their 
appointment, which officers shall be elected in the same man- 
ner and possess the same qualifications as the officers of the 
University of New Mexico now possess; and the secretary 
and treasurer, respectively, of each of such institutions located 
as aforesaid, shall each give bond in the sum of ten thotisand 
dollars ($10,000) to the Territory of New Mexico, with two 
or more sufficient sureties resident of this territory, or by duly 
authorized surety company, conditioned for the faithful per- 
formance of their duties, and that they will faithfully account 
for and pay over to the person or persons entitled thereto, at 
the time and in the manner provided by law, or pursuant to 
contract, all moneys which shall come into their hands as such 
officers, which bond shall be approved by the judge of the 
district court within whose district the said institution is>lo- 
cated, and after approval shall be filed and recorded in the 
office of the territorial secretary. The governor of the terri- 
tory shall be ex-officio a member of each of the boards of 
trustees, but shall not have the right to vote or be eligible 
to office. 

Sec. 7. — Powers of Boards of Trustees. 

The boards of trustees of each of said institutions shall 
have power, and it shall be their duty, to pass and enforce by- 
laws, rules and regulations for the government of such insti- 
tutions, for the proper carrying out of their several objects, 



0^ tut TERRITORY OF NEW MEXICO 109 

not in conflict with the laws of the Territory of New Mexico, 
or any act of Congress, and to provide ah proper and. neces- 
sary books, apparatus, instruments, medicines, clothing, food 
and supplies, and other materials or things necessary for the 
proper conduct of the several institutions hereinbefore named 
and the care, support and protection of the inmates thereof 
when necessary ; also to employ all teachers, physicians, ward- 
ens or superintendents and employes, and to prescribe the 
duties and compensation of each, and they shall have full 
power to remove or discharge any officer or employe appointed 
or selected by them in any of such institutions when in their 
judgment the interest of such institutions shall require. 

Sec. 8. — Institute for the Blind. Purpose. Rules of 
Admission. 

The institute for the blind herein established and created 
is intended and meant for the proper instruction of the blind 
youth of the territory, and all such persons resident in 
the territory between the ages of five and twenty-one years 
shall be entitled, upon application to the board of trustees, to 
free care and support and instruction at such institution ; ex- 
cept in cases where such pupil or the parents or guardian 
thereof is possessed of property or means sufficient to enable 
him to pay the reasonable costs and charges incurred by his 
attendance at such institution, in which case he shall pay 
therefor. 

Sec. 10. Reform School. Whom to be Confined Therein. 
Duty of Courts. Terms of Confinement. 

The reform school hereby created and established is in- 
tended and meant for the confinement, instruction and refor- 
mation of juvenile offenders against the laws of the Territory 
of New Mexico, and any persons of idle, vicious or vagrant 
habits of both sexes in the Territory of New Mexico, under 
the age of eighteen years, who may be convicted of any offense 
less than felony punishable by imprisonment in the peniten- 
tiary for the term of life, and it shall be the duty of the court 
upon conviction, when it is shown to the court that the 
person convicted is under the age of eighteen years, to order 
the sentence to be executed by confinement in such reform 
school, instead of in the penitentiary, after such school shall be 
fully equipped and prepared to receive, confine and care for 



170 COMPUTATION OF THE SCHOOIv LAWS 

such offenders, which time shall be designated by proclama- 
tion of the governor of the Territory of New Mexico, and 
thirty days after such proclamation is issued and published 
it shall be the duty of all courts in the Territory of New 
Mexico to incarcerate offenders as aforesaid in the reform 
school instead of the penitentiary in passing sentence upon such 
offenders ; and upon complaint under oath being made to any 
judge of the district court that any person of either sex under 
the age of eighteen years is of idle, vicious and vagrant habits, 
it shall be the duty of said court to investigate and pass upon 
the complaint so made as in cases of misdemeanors during 
the terms of the district court as other criminal cases are tried 
before it, and all the laws and provisions in regard to such 
trials for misdemeanors are hereby made applicable to such 
complaints, and in case said court shall find the complaint to 
be sustained by the evidence it shall find the defendant guilty 
and sentence him to such reform school for any period not 
exceeding one year; such proceedings before said court to 
take effect at the same time after proclamation by the governor 
as hereinbefore provided for other sentences in the district 
court. 

Sec. 11. — Reform School. Superintendent or Warden to 
Enforce Rules. 

All persons sentenced to such reform school shall be com- 
pelled to perform such useful labor and submit to such rules 
and regulations in and about the said school and grounds as 
the board of trustees may prescribe, and the superintendent 
or warden shall have the power, and it shall be his duty, to see 
that all rules and regulations of the said board are properly en- 
forced, and infringements thereof shall be properly punished. 

Sec. 12. — Committee to Select Sites. Duties. Report to Gov- 
ernor. Compensation. 

Within sixty days after the passage of this act the gov- 
ernor shall appoint a committee for each of the institutions 
above named, each of said committees to consist of three com- 
petent and disinterested persons, not more than two of whom 
shall live in any county wherein any of the above institutions 
are located by this act ; and it shall be the duty of these com- 
missioners to proceed to the localities named in this act for 
the establishment of the several institutions and their examina- 



OF THS territory of new MEXICO 171 

tion of the several sites which may be presented for the 
acceptance of the territory for the purposes named and their 
designation, adaptation and selection or rejection of such lands 
be final, and unless the title for the land so selected shall 
be conveyed in the manner hereinbefore provided within six 
months after the adoption of this act, then no portion of the 
moneys received from donations under the act of Congress or 
by this act shall be available for the purposes of the institution 
so failing. The commissioners hereby named shall make a 
report in writing of their doings, together with a description 
of the land selected, to the governor of the territory, together 
with a statement of costs and expenses incurred by them in 
making such selection for each institution separately, and in 
addition to their actual costs and disbursements each com- 
missioner shall be allowed the sum of six dollars per day for 
each day actually and necessarily occupied in carrying out the 
provisions of this section, not to exceed ten days for any insti- 
tution, which amount, including costs and disbursements, is 
hereby declared to be a necessary and proper charge against 
the funds provided herein for the creation and maintenance 
of each of said institutions, and shall be paid out of anv such 
funds that may come into the hands of the territorial -treas- 
urer for that fund, upon a bill therefor sworn to by each of 
such commissioners and approved by the governor of the 
territory. 

Sec. 13. — Erection of Buildings. Board of Trustees to Adver- 
tise for Bid and Let Contracts. 

That the boards of trustees first appointed for the sev- 
eral, institutions provided for in this act shall be empowered 
to contract for the erection, and shall erect all buildings neces- 
sary for the maintenance of the above named institutions, and 
shall be empowered to provide for the furnishing of the same 
and the improving of the grounds thereof : Provided, That 
the said boards, of trustees in contracting for the erection or 
in erecting any of said buildings for the above named insti- 
tutions, shall advertise for bids for the erection of the same, 
specifying in said advertisements the character of building to 
be erected in the place where the plans and specifications of 
said buildings may be found, and let all bids for the erection 
of said buildings to the lowest and best bidder therefor: And 
provided further, That in furnishing said buildings or improv- 
ing the grounds thereof said boards shall call for bids and let 



172 COMPILATION OF TH^ SCHOOI. I,AWS 

the same to the lowest and best bidders therefor upon any 
items the cost of which is more than one hundred dohars. 

Sec. 14. This act shall be in force from and after its 
passage. 



CHAPTER VI. 



An Act kntiti^i^d an act estabushing an orphan chii.d- 

REn'-S home at BEEEN, new MEXICO, PROVIDING APPRO- 
PRIATION thErEEor, AND FOR OTHER PURPOSES, Ap- 
proved February 24, 1903. 



CONTENTS. 

Sec. 1. Orphan Children's Home, creation and location. 
Sec. 2. Buildings may be used for school purposes. 
Sec. 3. Appropriation. Tax levy by auditor. 



Sec. 1. — Orphan Childrens' Home. Location. Board of Re- 
gents. Duties. 

■ There is hereby establislied and located an Orphan Child- 
ren's Home at Belen, New Mexico, which shall be conducted 
under the management and control of a board of regents, to 
be composed of three persons, who shall be appointed by the 
Governor for a term of two years each, and shall file their 
oaths of office before entering upon their duties as such re- 
gents, in the manner prescribed by law for the qualification of 
other territorial officers. 

Sec. 2. — Buildings May Be Used for School Purposes. 

Until such time as the legislature may otherwise direct, 
any buildings which may hereafter be constructed at Belen 
for such Orphan Children's Home may be used as a public 
school building: Provided, That no appropriation for main- 
tenance or current expenses shall now or hereafter be made or 
in any way defrayed by the territory during the use of such 
building for public school purposes. 

Sec. 3. — Appropriation. Tax Levy by Auditor. . 
For the purpose of erecting a suitable building for the 



OF THE TERRITORY OF NEW MEXICO 173 

purposes mentioned in Section 1 of this act, there is hereby 
appropriated for the fifty-fifth fiscal year twenty-five one- 
hiindredths (25-100) of one (1) mill, the proceeds of which 
shall be used for permanent improvements under the direction 
and management of said board of regents, and the territorial 
auditor is hereby directed to make a levy in accordance here- 
with, and the funds derived from such a levy shall be payable 
in the manner now prescribed by law for the payment of funds 
to other institutions. 

Sec. 4. This act shall be in full force and effect from and 
after its passage. 



CHAPTER IX. 



An Act in relation to mayors oe cities and to other 
oeEicErSj Approved February 28, 1903. 



CONTENTS. 

Sec. 2. Extension of term of office. Date of next election. 

Sec. 3. Election of city ,officers, members of board of education. 



Sec. 2. — Extension of Term of Office. Date of Next Election. 

The mayors, clerks and treasurers of cities, the alderman 
of the council of cities, and the members of the boards of 
education of cities, now in office, shall remain in office until 
their successors are elected and qualified at the annual election 
to be held on the first Tuesday in April, 1904, and there shall 
be no election held for the election of any of the above-named 
officers in any city in the Territory of New Mexico on the 
first Tuesday of April, 1903. 

Sec. 3. — Electidn of City Officers, Aldermen and Board of 
Education. Terms of Office. 

(As amended by Chapter 93. Laws 1903). The qualified 
electors of cities shall on the first Tuesday of April, 1904, 
elect one mayor, one clerk, and one treasurer, for the term of 
two years, and two aldermen of the city council from each 



174 COMPUTATION OF THE SCHOOL IvAWS 

ward, one of whom in each ward shall be elected for the term 
of two years, and the other for the term of foiu" years, and 
shall elect two members of the board of education from each 
ward, one of whom in each ward shall be elected for the term 
of two years and the other for four years. And on the first 
Tuesday of April, 1906, and each two years thereafter, the 
qualified voters of cities shall elect one alderman and one mem- 
ber of the board of education from each ward, who shall hold 
their offices for the period of four years. The provisions of 
this act shall apply to all cities in the territory, whether incor- 
porated under general or special laws. 



CHAPTER XXVIII. 



An Act authorizing the compilation, printing, and dis- 
tribution OF the school laws. Approved March 10, 
1903. 



CONTENTS. . 

Sec. 1. Superintendent Public Instruction to compile and have printed 

all school laws. 
Sec. 2. Appropriation for compilation and printing. 
Sec. 3. Printed laws to be furnished to the County Superintendents 

and chairmen of school directors. 



Sec. 1. — Superintendent of Public Instruction Authorized to 
Compile and Have Printed All School Laws. 

That the superintendent of public instruction shall cause 
to have compiled, and biennally shall- cause to have printed 
two thousancl copies in English and two thousand in Spanish, 
in pamphlet form, all existing school laws of the Territory 
of New Mexico, and such school laws as may be enacted by 
the Thirty-fifth Legislative Assembly, and after each future 
Legislative Assembly, if any laws shall have been enacted per- 
taining to schools, he shall in the first issue of said pamphlets 
thereafter include any school laws that may have been enacted 
by any such future Legislative Assembly. In the meaning of 
this act such pamphlets shall embrace all such school laws in 



0^ The territory oe new mexico 175 

one copy. The first issue of pamphlets shall be compiled and 
printecl, ready for distribution before the first day of July of 
the year 1903. 

Sec. 2. — Appropriation for Coinpilation and Printing. Proviso. 

- The compilation, printing and distribution of the pam- 
phlets herein referred to shall be paid for from any funds in 
the hands of the territorial treasurer arising from the rental 
or leasing of the common school lands, and for this purpose 
the territorial auditor is hereby directed and required to draw 
an order on the territorial treasurer in favor of the superin- 
tendent of public instruction for a sum not exceeding twelve 
hundred and fifty dollars ($1250.00). 

Proz'ided, That the printing and binding authorized by 
this act shall be let to the lowest responsible bidder. 

Sec. 3. — Copies of Printed School Laws to Be Furnished to 
County School Superintendents and Chairman of School 
Directors. 

It shall be the duty of the superintendent of public instruc- 
tion of the territory, before the first day of August of each 
year, to forward a sufficient number df such pamphlets of com- 
piled school laws to the superintendent of schools of the sev- 
eral counties of the Territory of New Mexico. It shall be the 
duty of the county superintendent to place a copy of said 
pamphlet in the hands of the chairman of the directors of pub- 
He schools in each and every district of said county. 



CHAPTER LXXXI. 



An Act to prevent the cutting of timber from school 
SECTIONS, Approved March 17, 1903. 



Sec. 1. — Unlazvful to Cut Timber from Certain School Sec- 
tions or Territorial Lands. 

Hereafter it shall be unlawful for any person, persons, 
company or corporation to cut, take or destroy any timber 
from or on any school section numbered sixteen or thirty-six 



176 COMPIIvATlON OF THE SCHOOI, I^AWS 

or other territorial lands within the Territory of New Mexico. 
Any person or persons violating the provisions of this act 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof in a court of competent jurisdiction in the territory 
shall be punished by a fine in the sum of not less than fifty 
dollars ($50.00) nor more than one hundred dollars 
($100.00), or by imprisonment in the county jail for not less 
than thirty days nor more than ninety days, or by both such 
fine and imprisonment, in the discretion of the court trying 
the case. The violations of the provisions of this act upon each 
day shall constitute a separate and distinct offense. 



CHAPTER XXXVII. 



An Act to provide eor public school houses erom the 
SURPLUS IN GENERAL SCHOOL EUNDS, Approved March 
12, 1903. 



■ CONTENTS. 

Sec. 1. Directors may use surplus in general fund to construct scliool 
houses. 

Sec. 2. Surplus fund. Available when. Duties of county superintend- 
ents, territorial treasurer, and school directors. 

Sec. 3. Proviso, when surplus not sufficient to complete buildings. 

Sec. 4. Insurance of school buildings. 

Sec. 5. Penalty for failure to carry out provisions of this act. 



Sec. 1. — Directors May Use Surplus in General School Fund 
to Construct School Buildings. 

That whenever there shall be a surplus in the general 
school fund in the county treasury to the credit of any school 
district in the territory, outside of incorporated towns and 
cities, to the amount of not less than two hundred dollars 
($200.00) after all the expenses of maintaining the schools in 
said district for teachers' salary, rent and other expenses con- 
nected therewith, the said surplus or any part thereof may be 
withdrawn by the directors of said school district and appHed 
by them to the procuring of a suitable site and the erection 



OS' the; territory of new mexico 177 

thereon of proper school buildmgs, or for the repairing of any 
school building or buildings for the use of such school district, 
in the manner following 



Sec. 2. — Surplus Fund. Available When. Duties of County 
Superintendents, County Treasurer, and School Directors, 
rectors. 

That whenever a petition signed by one-half of the legal 
voters of such school district described in Section 1 of this act, 
as shown by the number of votes cast in said district or precinct 
at the last general election, shall be presented to the county 
school superintendent, praying that such surplus money de- 
scribed in Section 1 of this act may be turned over to the school 
directors of such school districts for the puq>ose of procuring 
a site and erecting school building or buildings thereon, then 
it shall be the duty of said county school superintendent within 
ten days after the receipt of the said petition, to forward the 
same to the county treasurer, who shall file the said petition 
and safely keep the same among the records and archives of 
his office, and it shall be the duty of said county treasurer 
to at once notify the school directors of such school district 
of the amount of money then on hand, subject to be withdrawn 
for-the purposes named ; and thereafter the said treasurer shall 
honor and pay all warrants drawn by such school directors 
against such surplus fund for the purchase of site and erection 
of school houses thereon, when the same are accompanied by 
itemized and verified accounts and vouchers until the said 
surplus is exhausted, and it shall be the duty of the school 
directors to open proper books of account with the said fund, 
and enter therein all receipts and disbursements on account of 
such fund ; and it shall be their further duty to take from per- 
sons to whom money may be due on this account, itemized and 
verified bills in duplicate, one of which shall be retained by 
said board of directors, and the other shall be transmitted with 
the warrant drawn in payment thereof to the county treasurer 
of the county in which said district is located. And the said 
school directors shall in no event and under no pretext con- 
tract for or incur obligations on such account beyond the 
amount of money available in the county treasury for such 
purposes, nor shall they under any circumstances incur anv 
debt in the erection of such school house, or houses, or im.- 



178 COMPILATION OP" THE SCHOOL LAWS 

provement or repair thereof except as provided in Sections 
1542 and 1543 of the Compiled Laws of 1897. 

Sec. 3. — Proviso, When Surplus Not Suificient to Complete 

Buildings. 

In case there shall not be sufficient surplus moneys on 
hand to purchase a site and complete the building or buildings 
contemplated by the school directors under this act they are 
hereby authorized to procure the site for school purposes and 
to commence the erection of such building or buildings as the)*- 
may deem necessary and proper for the purposes herein named, 
and shall carry on the construction thereof, so far as the 
moneys on hand for that purpose will permit, as hereinbefore 
provided, and in case the term of office of any such school 
directors or any member thereof shall expire, before the said 
buildings are completed, it shall be the duty of their successor 
or successors to proceed with the work in the manner herein 
provided until such work is completed. 

Sec. 4. — Insurance of School Buildings. 

The board of directors of any school district is empow- 
ered to expend, from the funds in the treasury of said school 
district, any moneys necessary to properly insure any school 
building or buildings in such school district. 

Sec. 5. — Paihire of Officers to Carry Out the Provisions of 
This Act. Penalty. 

Any failure of any of the officers mentioned in this act to 
carry out its provisions in the letter and the spirit of this act, 
shall subject such officers to removal and to forfeiture of 
their official bond for the benefit of such school district so in- 
jured thereby, and any school director so offending shall be 
disqualified to become his own successor in office either b}^ 
election or by appointment for a period of one year from date 
of such removal. 



OF THE TERRITORY Of NEW MEXICO 179 

CHAPTER XCVII. 



An Act authorizing and Empowering the board oe edu- 
cation OE THE CITY OE SANTA EE AND TERRITORY OF 
NEW MEXICO TO PROVIDE FOR THE ERECTION OF A PUBIJC 
SCFIOOE BUIEDING, AND MAKING PROVISIONS FOR MEANS 

TO ERECT THE SAME, Approved March 18, 1903. 



Sec. 


1. 


Sec. 


2. 


Sec. 


3. 


Sec. 


4. 


Sec. 


5. 


Sec. 


6. 



CONTENTS. 

Bond issue to erect school buildings. Form and rate of interest. 

Special tax levy to pay interest on bonds. 

Sale of bonds. 

Material and labor to be furnished by penitentiary. Proviso. 

Board of education to provide grounds, material and labor. 

Donation of land. 



Sec. 1. — Bond Issue to Brect School Building Authorised. 
Form. Maturity. Rate of Interest. On Petition Ques- 
tion of Bond Issue to he Snhniitted to Vote. Form of 
Ticket. 

For the purpose of erecting a suitable and commodious 
public school building in the city of Santa Fe, in this Territory, 
the board of education of the city of Santa Fe, in the Territory 
of New Mexico, is hereby authorized and empowered on or 
after the first day of June. A. D. 1903, and prior to the first 
day of November, A. D. 1903, to issue the bonds of said board 
of education of the city of Santa Fe, in the Territory of New 
Mexico, as a body corporate, to the amount of twenty-eight 
thousand dollars ($28,000.00), or so much thereof as may be 
required, said bonds to be of the denomination of one hundred 
dollars ($100.00) or any multiple thereof, not exceeding one 

•thousand dollars ($1,000.00), to be made payable to bearer 
and redeemable at any time after ttventy years after the date 

■ thereof, and to become absolutely due and payable thirty years 
after the date thereof, to bear interest from the date thereof 
at the rate of five per centum per annum, payable semi-annu- 
ally at some national bank or trust company in the City of 
New York, State of New York, such interest to be evidenced 
by coupons representing each six months period of interest, 
attached to said bond ; said bonds shall be signed by the board 



180 COMPILATION 0? THE SCHOOL LAWS 

of education of the city of Santa Fe, of the Territory of New 
Mexico, by its president and sealed with the seal of said board 
and attested by the secretary of said board, and the coupons 
thereof shall bear a fac-simile of the signature of the secretary 
of said board, which shall be engraved thereon ; said bonds 
shall be numbered commencing with one and running upwards, 
the coupons of each bond shall bear the number of the bond 
and its relative number to other coupons on the same bond, 
and shall show the date thereof, when due and payable, and 
that it is for interest on the particular bond to which it is at- 
tached for the six months terminating on the date when it 
becomes due and payable. Should seventy-five of the legal 
voters of the City of Santa Fe, who are the owners of taxable 
property not exempt from taxation for school purposes in the 
said City of Santa Fe on which each of them has paid taxes for 
the year 1902, within thirty days after the passage of this act, 
petition the said board of education of the said City of Santa 
Fe to cause to be submitted to a vote of the legal voters in the 
said City of Santa Fe the question whether or not said bonds 
hereinbefore provided for shall be issued, it shall be the duty of 
said board of education to request the mayor and the city coun- 
cil of the said City of Santa Fe to order an election to be held 
within forty days thereafter to vote upon the question as to 
whether said bonds shall be issued or not, and thereupon the 
said mayor and city council shall order an election to be held 
in the various wards of said city, at which all persons who 
may be qualified voters in said city under the laws of the Ter- 
ritory of New Mexico, and who were registered as such at the 
last city election of the City of Santa Fe, shall be entitled to 
vote. The ticket which they shall vote shall be in either of the 
following forms : 

"For public school house bonds of the City of Santa Fe — 
Yes." or: 

"For public school house bonds of the City of Santa Fe — 
No." 

And if a majority of those voting shall vote "yes," such 
vote shall be considered as consenting to the issue of said 
bonds, and the said board shall be authorized to issue the same ; 
but if a majority of those voting shall vote "no," such vote 
shall be considered as being opposed to the issue of said bonds, 
and the said board of education shall not have the right to issue 
the same. 



OF THE TERRITORY OF NEW MEXICO 181 

Should no petition be made, as herein provided, by seven- 
ty-five owners of taxable property as before mentioned within 
thirty days from the date of this act, then the said board of 
education shall be authorized and empowered to issue said 
bonds without further delay or any further authorization. 

Sec. 2. — Special Tax Levy to Pay Interest on Bonds. 

To secure the payment of interest on each of the bonds 
which may be issued, according- to the provisions of the last 
preceding section, as falls due and also the principal of said 
bonds, the said board of education of the City of Santa Fe is 
hereby authorized and required, after it shall have determined 
to issue bonds, to fix a rate of tax levy, to be -levied on all 
of the property subject to taxation in the said City of Santa 
Fe, and not exempt by law from taxation for school purposes, 
at its meeting to be held on the first Monday in June in each 
year, or as soon thereafter as possible, making due allowance 
therein for taxes which may not be collected, which rate of 
taxation when so fixed shall be certified by the president and 
secretary of said board of education under the name of said 
board and the seal thereof, to the board of county commission- 
res of the county of Santa Fe, which said board of county 
commissioners shall include the amount of such rate of taxation 
so fixed in the order making levies for taxation for the various 
purposes, recjuired to be made by them for the county, and the 
same shall be and become a special levy on all the property 
subject to taxation in the City of Santa Fe and not exempt 
therefrom for school purposes, and the amount thereof when 
collected shall be kept in a separate fund to pay said interest. 

Ten years after the date of said bonds and each year there- 
after a sufficient tax shall in like manner be levied and col- 
lected to pay each year one-twentieth part of the principal of 
said bonds, and the moneys so collected to pay such interest 
and principal shall be used for no other purpose. 

Sec. 3. — Sale of Bonds. 

The said bonds, authorized by this act to be issued, shall 
be disposed of at not less than par, out of which shall be paid 
the cost of issuing, printing and disposing of the same, and 
all the rest or remainder of the proceeds thereof shall be used 
solely and only for the purpose of preparing the plans and 
specifications of such building and aiding and assisting in the 
construction of the same, as a suitable and commodious build- 



182 COMPILATION OF THE SCHOOL LAWS 

ing for the public schools of the City of Santa Fe, of the 
Territory of New Mexico, and in paying all necessary expenses 
thereof and furnishing the same with suitable, modern fur- 
niture. 

Sec. 4. — Material and Labor to be Furnished by Penitentiary. 

Proviso. 

To aid and facilitate the construction of said building, 
the board of penitentiary commissioners and the superinten- 
dent of the penitentiary are hereby directed and required to 
furnish, free of charge, convict labor for the excavation for the 
foundation of said buildings with the aid of skilled superinten- 
dents, should such be necessary ; said penitentiary authorities 
shall also furnish all the brick and lime which may be neces- 
sary for the construction and completion of said building, and 
also all other materials which can be furnished through the 
convict labor, machinery and appliances of said penitentiary, 
and which may be necessary for the completion of said build- 
ing: Provided, That the penitentiary shall be paid and ad- 
vanced the funds necessary to defray expenses of guards and 
actual cost of materials furnished. 

Sec. 5.- — Board of Education to Provide Grounds, Material 

and Labor. 

The board of education of the City of Santa Fe, of the 
Territory of New Mexico, shall provide suitable grounds on 
which to construct the building provided for by this act, and 
shall also prepare, or cause to be prepared, all the plans and 
specifications for said building, and hire and pay all architects, 
necessary superintendents, foremen and skilled labor which 
cannot be supplied from the penitentiary convicts, and all other 
labor which may not be supplied by the penitentiary convicts. 

Sec. 6. — Donation of Land. 

There is hereby donated and granted in fee simple to the 
board of education of the City of Santa Fe and Territory of 
New Mexico, in order that it may be used as a school house 
site, for the building in this act provided to be erected, if it 
should be suitable therefor, all that certain lot, piece and par- 
cel of land situate within the City of Santa Fe, County of Santa 
Fe, and Territory of New Mexico, described as follows : 



OF THE TERRITORY OE NEW MEXICO 183 

Beginning at a point on Washington Avenue where the 
southern hne of the abandoned Fort Marcy mihtary reserva- 
tion terminates, being the southeast corner of the premises 
nov/ occupied by Governor Otero, and running thence south- 
erly more or less along Washington Avenue 158 feet 9 inches 
to the corner of a brick wall enclosing a corral on the north 
side of the Old Palace building; thence running westerly more 
or less along the north side of the adobe wall of the corral of 
the Old Palace building and along the wall enclosing the cor- 
ral or yard to the north of the building occupied by the post 
ofifice at Santa Fe, 261 feet and 6 inches to the northwest 
corner of the corral or yard on the north side of said building 
occupied by the post office; thence running northerly more or 
less along Lincoln Avenue 165 feet 4 inches to the southern 
line of the abandoned Fort Marcy military reservation and 
the property thereof now occupied by Governor Otero as his 
residence; thence easterly more or less along the southern line 
of the said abandoned Fort Marcy military reservation and 
part thereof now occupied by Governor Otero 267 feet to the 
place of beginning, being all of that portion of land lying be- 
tween Washington and Lincoln Avenues and between the 
southern boundary of the abandoned Fort Marcy military 
reservation, where it is occupied by Governor Otero as his resi- 
dence, and a north line described by a line extended from the 
north end or corner of the brick wall aforesaid along the wall 
extending therefrom in an east and west direction, and also 
extending straight along the projection of said wall, to the next 
wall in line therewith lying to the north of the yard or corral 
occupied by the post office at Santa Fe, to the northwest cor- 
ner of the wall forming said corral or yard on Lincoln Avenue, 
except that there is not included in this grant the portion of 
said lot and tract of land which has heretofore been granted 
to the Woman's Board of Trade and Free Library Association 
of the City of Santa Fe. 



184 COMPILATION OF THE) SCHOOL LAWS 

CHAPTER cm. 



An Act to pre;se;rve the: public he^alth. 



CONTENTS. 

Sec. 29. Smallpox. Vaccination of children. 

Sec. 3 0. County health officer to vaccinate. 

Sec. 31. Vaccination of adults. Refusal. Penalty. 



Sec. 29. — Smallpox. Duty of School Superintendents. Vac- 
cination of Children. Refusal of Parents to Permit Vac- 
cination of Children. Penalty. 

It shall be the duty of the school superintendent of each 
county to see that all children in his county, of school age, are 
vaccinated against smallpox, and to that end each teacher of 
a public school shall see that the children in his district are suc- 
cessfully vaccinated or have been vaccinated within one year 
previous, and it shall be unlawful for any child to attend 
school, or for any teacher to allow such child within any 
school house unless so vaccinated, or showing proper certifi- 
cate that it has been vaccinated ; such teacher shall make report 
of the number of children whom they have caused to be vac- 
cinated and those who have presented certificates that they 
have been vaccinated, to the county school superintendent at 
the beginning of the school year and as often thereafter as they 
may deem necessary, together with the report of the names of 
any parents who refuse to allow their children to be. vac- 
cinated, and any person who shall so refuse or neglect to have 
his or her children vaccinated in accordance with the law shall 
be deemed guilty of a misdemeanor, and upon a report to that 
effect by the county superintendent, it shall be the duty of the 
sheriff or any constable whom he may designate, to arrest such 
person, and upon being convicted, he shall be fined not less 
than ten dollars ($10.00) nor more than one hundred dollars 
($100.00), or be imprisoned in the county jail, not exceed- 
ing one hundred days, and the fine so imposed shall go to and 
be a part of the school fund of the district in which such of- 
fender lives. These provisions shall apply to children and 
parents in incorporated cities and towns, and the duties here- 



O^ THE TERRITORY OE NEW MEXICO 185 

tofore imposed upon county school superintendents are hereby 
made appHcable to boards of education therein. 

Sec. 30. — County Health Officer to Vaccinate. Expense. 

The vaccination provided for in the previous section shall 
be done by the county health officer provided for by Section 
22 of this act, or by his assistants and under his direction, and 
shall be paid for by the parents of such children when they are 
able to do so, but in case of their inability to pay for the same 
by reason of poverty, the same shall be paid for by the board of 
education, or school directors of the several districts out of 
the school fund. 

Sec. 31. — Vaccinution of Adults. Refusal. Penalty. 

It shall be the duty of the board of health to make and 
enforce all necessary rules and regulations for the vaccination 
against smallpox of the adult population as well as of children 
within school age, and enforce the same by proper orders, and 
if any adult person shall refuse or neglect to carry out any of 
the orders of the said board in that behalf, he shall be guilty 
of a misdemeanor, and after conviction shall be punished as 
hereinbefore provided in Section 24 of this act. Vaccine 
matter shall be provided at the cost of the county, municipal 
corporation, board of education or school trustees, -as herein- 
before provided for other expenses. 



CHAPTER CXIX. 



An Act to harmonize and strengthen the existing 
SCHOOL EAWS AND FOR OTHER PURPOSES, Approved 
March 19, 1903. 



CONTENTS. 

Sec. 7. Board of school directors to let contract. School officials 
prohibited from being party to contract. 

Sec. 8. Clerks in rural districts, principals or superintendents of city 
schools to make report to county superintendent. 

Sec. 9. School directors to furnish itemized accounts with vouchers. 

Sec. 11. County Superintendent, when to be at county seat. To ex- 
amine books of directors. 



186 COMPUTATION OF THE SCHOOI. LAWS 

Sec. 12. County superintendents may reject illegal warrants of school 

directors. 

Sec. 13. School directors failing to make Complete census. Penalty. 

Sec. 15. Apportionment of school funds. 

Sec. 16. District superintendents. Term of office. 

Sec. 18. Officials of educational institutions to make report. 

Sec. 20. Legal holidays defined. 



Sec. 7. — Boards of School Directors. To Let Contracts. Clerk 
of Board to Report to the Comity Superintendents, Cost 
of Material and Labor. School Officials Prohibited Prom 
Being Party to Contract. 

Boards of school directors when letting a contract for pub- 
lic school buildings shall require of the contractor a good and 
sufficient bond for the faithful execution of said contract. And 
the clerks of said boards, outside of incorporated cities or 
towns, are required to make to the county superintendent from 
time to time, as the superintendent may require, an itemized 
statement, under oath, of the cost of labor and material used 
and work done, where practicable, and apparatus required and 
used for conducting and furnishing said building; and school 
directors of the latter class are further required to consult with 
and solicit the co-operation of county superintendents whenever 
it becomes necessary to purchase furniture, fixtures, etc., for 
the district schools and the directors and clerks of all school 
boards are hereby prohibited from acting as the agent for any 
person or firm engaged in the selling of school furniture, ap- 
paratus, etc., or to receive any commission attending the pur- 
chase of such furniture, apparatus, etc., for the use in their 
respective districts ; and all persons identified in an official 
capacity with the public schools or with the higher educational 
institutions supported in whole or in part by the public funds 
of this territory are hereby prohibited from being a party 
directly or indirectly to any contract for which public money is 
to be used in connection with the operation or maintenance of 
such public schools or higher educational institutions. 

Sec. 8. — Clerks in Rural Districts, Principals or Superintend- 
ents of Tozvn or City Schools to Make Pull Report to 
County Superintendents. Contents of Reports. 

The clerks of the several rural districts, principals or su- 



OF the: territory of new MEXICO 187 

perintendents of town or city schools, shall, between the first 
day of June and the first day of July of each year, make a 
report to the county superintendent in writing, showing in 
detail the financial condition of the district, the amount of 
money, received, and from what source, including receipts from 
poll taxes, etc., district bonds or special levies, and the manner 
in which the same has been disbursed during the previous 
year, amount expended for repairs or improvements of school 
houses and grounds, whether rented or owned by the district, 
the value of all school property, amount of bonded indebted- 
ness of district, status of interest fund, amounts paid for rent, 
fuel, etc., salaries paid teachers for the preceding year, the 
number and sex of the school population, and amount ex- 
pended for books for indigent children under Section 1555, 
Compiled Laws of 1897, as amended, and failure to properly 
prepare and forward said reports shall subject such clerk, 
principal or town or city superintendents to prosecution as 
provided in Section 1535, Compiled Laws of 1897, and it is 
hereby made the duty of county superintendents to file infor- 
mation against such derelicts. 

Sec. 9. — School Directors to Furnish Itemised Accounts With 

Vouchers. 

Superintendents serving in districts outside of incorporated 
towns or cities are hereby required to accompany all vouchers 
or warrants presented for the signature of the county superin- 
tendent with itemized statements of account, and the county 
superintendent shall withhold his approval of all bills until 
such statements are provided. 

Sec. 11. — County Superintendent. When to be at County Seat. 
To Bxamine Books of Directors. 

The county superintendent is hereby required to be in 
attendance at the county seat on the first Saturday in the 
months of August, September, and October, and November for 
the transaction of official business. He is hereby empowered 
to examine from time to time the records and account books 
of district directors outside of incorporated cities and towns, 
and see to it that the same are properly kept, and it is hereby 
made obligatory upon all such directors to meet at their accus- 
tomed place within the district at least once every thirty days 
during the school term for the transaction of public business. 



188 COMPILATION 0^ THE SCHOOL LAWS 

Sec. 12. — County Superintendent May Reject Warrants 
Illegally Issued by School Directors. 

The county superintendent shall investigate the legality of 
all accounts as to whether the same have been legally incurred 
and allowed before the fixing of his signature thereto, and he 
may reject any warrant issued by district school directors 
whenever he may deem such warrant to have been illegally 
issued. 

Sec. 13. — School Directors Failing to Make Complete Census. 

Penalty. 

County superintendents are hereby empowered to remove 
from office any school director, in districts outside of incor- 
porated towns and cities, who shall fail or refuse to make and 
return a complete census of the school population within his 
district as required by law, and such person so removed shall 
not be eligible to hold said office for a period of two years 
thereafter. 

Sec. 15. — Apportionment of School Funds. County Superin- 
tendent to Report to Probate Clerk. 

County superintendents shall quarterly, and within ten 
days after receiving notice that any school funds are at their 
demand, for apportionment to the several districts, properly 
make said apportionment and specifying the number of the 
district, the number of children of school age in each district 
and the amount of money apportioned thereto, and a copy of 
this apportionment report shall be filed within ten days there- 
after in the office of the probate clerk of the county, and he 
shall also supply a duplicate copy thereof to any newspaper 
printed within the county which will give publicity to the same 
free of charge as a matter of general information. 

Sec. 16. — District Superintendents. Terms of Office. Duties. 

District superintendents in districts consisting of incor- 
porated cities or towns shall be employed for a term of not to 
exceed two years, and their duties other than now specified by 
law may be defined by the board of directors of such incor- 
porated city or town. 

Sec. 18. — Officials of Higher Bducational Institutions. Re- 
port to be Made. Contents. 
In addition to the duties now required- by law of the gov- 



OF THE TERRITORY OF NHW MEXICO 189 

erning authorities of the higher educational institutions, they 
are hereby required to make duplicate copies of reports, under 
date of June 30th of each year, furnished by them to the terri- 
torial executive for use in -his annual report to the secretary 
of the interior, and a copy of said report shall be filed in the 
office of the superintendent of public instruction; such report 
shall show the date of establishment, general status and pro- 
gress of such institution during the year; its physical equip- 
ment, course of study, number of pupils enrolled and the num- 
ber enrolled who are not actual bona fide residents of the 
territory, the number of graduates for the preceding year and 
the total number of graduates to date, the financial condition, 
character and value of improvements during the year, value of 
all property, receipts from all sources, disbursements, and such 
other infoi-mation as the superintendent of public instruction 
may require for incorporation in his annual report to the 
governor of the territory. 

Sec. 20. — Legal Holidays De-fined. Proviso. 

In addition to the legal holidays designated by law, viz : 
"July fourth, December twenty-fifth, and January first, and 
all days designated by proclamation of the governor as fast 
days or thanksgiving days," February twelfth (Lincoln's 
birthday) and February twenty-second (Washington's birth- 
day) may hereafter be observed by the public schools as legal 
holidays; and, provided, any teacher or teachers in the rural 
districts and village schools shall have arranged beforehand 
a program of exercises by the pupils appropriate for the occa- 
sion for the preceding day, the directors of such district shall 
not deduct any moneys from teachers' salary because of their 
absence from active school duty on such holiday. 



190 COMPIIvATlON OF THE SCHOOL LAWS 

CHAPTER XXIII. 



An Act to provide for the compensation of an enumer- 
ator OF persons of school age in the several dis- 
tricts OF THE territory OF NEW MEXICO. H. B. No. 

23 ; Approved March 2, 1905. 



CONTENDS. 
Sec. 1. School directors to make enumeration of school children. 

Duty of clerk. 
Sec. 2. Punishment for false enumeration. 



Sec. 1. — School Directors to Make Hnmneration of Persons 
Within School Age. Duty of Clerk. 

That the directors of schools in the several school districts 
in the territory shall, on or before the first day of September 
of each year make an enumeration of all unmarried persons 
between five and twenty-one years of age, giving the. names, 
ages, and sexes of such persons in full, and shall report the 
same in writing, which enumeration list shall be signed by all 
the directors, to the county superintendent within fifteen days 
thereafter. It shall be the dilty of the clerk of said school 
directors to correctly enumerate or cause to be enumerated all 
unmarried persons of the respective school districts as specified 
herein. For said enumeration he shall be paid from any funds 
in the hands of said directors the sum of one dollar and fifty 
cents for each one hundred names or fraction thereof, thus 
enumerated. 

Sec. 2. — Punishment for False Hnumeration. 

Any enumerator acting for the directors of schools of any 
district who shall wilfully place fictitious names, or names of 
persons, not actually residing in said district, upon the official 
enumeration list, shall be declared guilty of a misdemeanor 
and on conviction thereof, before any court of competent juris- 
idction, he shall be punished by a fine of not less than ten nor 
more than fifty dollars, which fine shall, when paid, be placed 
in the school fund of said school district. 

Sec. 3. All acts and parts of acts in conflict herewith are 
hereby repealed, and this act shall take effect and be in force 
thirty days from and after its passage. 



OF THE TERRITORY OE NEW MEXICO 191 

CHAPTER XLVIII. 



An Act providing eor a compulsory elag law eor the 
TERRITORY oE NEW MEXICO. C. B. No. 79; Approved 
March 10, 1905-. 



CONTENTS. 

Sec. 1. Directors and boards of education to procure flags for public 

schools. 
Sec. 2. U. S. flags to be displayed upon public buildings. 
Sec. 3. Flag day. 



Sec. 1. — Directors and Boards of Bducation to Procure United 
States Flags for Public Schools. 

The boards of school directors of the various school dis- 
tricts and the boards of education of the cities and towns of 
this territory shall procure at the expense of their respective 
districts, towns or cities, for every public school not now pro- 
vided therewith, a United States flag not less than five feet 
long; together with the flag-staff, and the necessary appliances 
therefor ; and thereafter whenever the flag, flagstaff^ or the 
necessary appliances therefor of any such school shall from any 
cause become unsuitable for further use, such school boards 
of directors or boards of education shall in the same manner 
purchase others in place thereof. 

Sec. 2. — United States flags to be Displayed Upon Public 
School Buildings. 

The school directors or boards of education in the various 
districts, cities and towns in the territory shall cause the 
United States flag to be displayed upon the public school 
buildings or premises therein during school hours if in their 
best judgment it be practicable, otherwise at such times as they 
may direct, and such boards of school directors or boards of 
education shall also establish rules and regulations for the 
proper care, custody and display of the flag ; and when, for any 
cause it is not displayed it shall be placed conspicuously in the 
principal room of the school building. 

Sec. 3. — Lincoln Day. 

The twelfth day of February, in each and every year 



192 COMPILATION OF THE) SCHOOI. LAWS 

hereafter, is hereby estabHshed in the annual school calendar 
to be known as Lincoln day, in honor of the birthday of Abra- 
ham Lincoln, and shall be observed with patriotic exercises in 
the public schools, but such day shall in no wise be construed 
to be a holiday. It is also provided that when such day shall 
fall on Sunday or on Saturday, the following or preceding 
days respectively, as the case may be, shall be observed. 



CHAPTER LX. 



An Act to reguIvATE the classification oe counties and 
EixiNG The salaries oe certain county oeeicials 
thereof. 



Sec. L Whenever any county of this territory shall 
remit to the territorial treasurer, thirty-five thousand dollars, 
or over, during any one year, the same being the proceeds of 
the collection from the territorial levy for the year in question, 
such county shall be deeemd a county of class "A". Over 
twenty-seven thousand and under thirty-five thousand dollars, 
a county of class "B". Over twenty thousand and under 
twenty-seven thousand a county of class *'C." Over fifteen 
thousand and under twenty thousand dollars a county of class 
"D". And under fifteen thousand dollars a county of class 
"E". The collections herein given are based upon a levy of 
fifteen and one-half mills. 

Sec 5. The county school superintendents of the several 
counties of this territory shall receive the following com- 
pensation : 

In counties of Class "A" $L500.00 per annum 

In counties of Class "B" 1,000.00 per annum 

In counties of Class "C" 900.00 per annum 

In counties of Class "D" 600.00 per annum 

In counties of Class "E" 400.00 per annum 



OF The territory of new MEXICO 193 

CHAPTER LXXII. 



An Act entitled an act to aid territorial, institutions 
TO Erect buildngs and other permanent improve- 
ments. C. B. No. 78; Approved March 14, 1905. 



CONTENTS. 
Sec. 1. Territorial institutions authorized to spend funds derived from 

sale and lease of lands. 
Sec. 2. Boards of control to make report of expenditures. 



Sec. 1. — Territorial Institutions Anthorised to Expend Funds 
Derived Front Sale and Lease of Lands. 

The New Mexico College of Agriculture and Mechanic 
Arts and all other territorial educational and charitable insti- 
tutions in New Mexico, are hereby authorized to expend the 
funds derived from the sale and lease of their lands, or so 
much thereof as may be necessary which have been or may 
hereafter be placed to the credit of the respective institutions, 
for buildings, equipment and other permanent improvements. 

Sec. 2.— Boards of Control to Make Report of Bxpenditures. 

The boards of regents or other boards of control of said 
institutions are hereby authorized to expend said moneys as 
herein provided for said purposes and said boards shall make 
a full and complete report of the expenditures which they may 
make under the provisions of this act, giving amount and pur- 
pose for which expended, to the governor of the Territory of 
New Mexico. 

Sec. 3. This act shall take effect and be in force from 
and after its passage. 



194 COMPUTATION Olf THE SCHOOL LAWS 

CHAPTER LXXIV. 



An Act to validate and legalize indebtedness herETo- 
eore incurred by boards oe education and boards of 
school directors in excess oe the current income 
oE SUCH boards, and to authorize the issue oe bonds 
to pay such indebtedness. C. B. No. 118; Approzred 
March 14, 1905. 



CONTENTS. 

Sec. 1. Debts contracted by school boards made binding. 
Sec. 2. School boards issue bonds covering indebtedness. 
Sec. 3. Denomination of bonds. Rate of interest. Maturity, how 

signed. 
Sec. 4. County commissioners to levy tax to pay interest on bonds. 

Redemption. 



Sec. 1. — Debts Contracted by School Boards Made Binding. 

All debts heretofore contracted by boards of education or 
boards of school directors for the purpose of paying the actual 
and necessary expenses of maintaining the schools are hereby 
validated and made binding. 

Sec. 2. — School Boards to Issue Bonds Covering Indebtedness. 

It shall be the duty of all such boards on or before August 
1, 1905, to ascertain the amount of their respective indebted- 
ness, and upon due proof of the same to issue coupon bonds to 
each holder of a claim in an amount sufificient to cover such 
claim, and to deliver such bonds to their respective creditors 
in exchange for other evidences of indebtedness. 

Sec. 3. — Denomination of Bonds. Rate of Interest. Maturity. 

How Signed. 

Such bonds shall be issued in denominations of one hun- 
dred dollars each, shall be numbered consecutively, shall bear 
interest at the rate of six per cent, per annum, interest payable 
semi-annually on the first day of January and July of each 
year, shall mature at the option of the board issuing the same 
in ten years after the date thereof and shall be absolutely due 
and payable in twenty years after the date thereof, and shall 



OP THD TERRITORY OF NEW MEXICO 195 

be issued and delivered not later than January 1, 1905, and 
shall be signed by the chairman of the board, issuing the same, 
and shall be countersigned by the secretary or clerk thereof. 

Sec. 4. — County Commissioners to Levy Tax to Pay Interest 
on Bonds. Redemption. 

Boards of education and boards of school directors issuing 
bonds under this act shall notify the boards of county com- 
missioners on or before the first Monday of May in each year 
of the amount required to pay the interest on such bonds, and 
the county commissioners shall, at the time of making the levy 
for other taxes levy a tax sufficient to pay the annual interest 
on such bonds ; and after the expiration of ten years from the 
date of issuing said bonds, the board of county commissioners 
shall annually levy a tax sufficient to produce a sum equal to 
not less than ten nor more than tv^^enty per cent, of the total 
amount of such bonded indebtedness, and said bonds shall be 
redeemed from time to time as the moneys come into the 
hands of the treasurers of said boards issuing the same for 
that purpose Provided, That the levy herein provided for to 
pay interest on such bonds and to create a sinking fund for the 
redemption thereof shall be made only on property within the 
district issuing such bonds. 

Sec. 5. This act shall take effect and be in force from 
and after the expiration of thirty days after its passage and 
approval, and all acts and parts of acts in conflict herewith are 
hereby repealed. 



196 COMPIIvATlON OF THE SCHOOIv LAWS 



Session Laws of 1907. 



CHAPTER LXIV. 



An Act to prohibit gambling in the territory oe new 
MEXICO. C. B. No. 48; Approved March 21, 1907. 



CONTENTS. 

Sec. 1. Unlawful to conduct gambling houses, etc., in Territory. 

Sec. 2. Penalties for violation. 

Sec. 3. Duties of district attorney and others. 

Sec. 4. Provisions as to disposition of funds. 

Sec. 5. Repeal section. 

Sec. 6. When effective. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico : 

Section 1. It shall hereafter be unlawful to run or operate 
any banking games of chance such as faro, monte, passfaro, 
passmonte, twenty-one, roulette, chuck-a-luck, hazard, fan tan, 
poker, stud poker, red and black, high and low, craps or any 
other banking game or games of chance played with dice or 
cards by whatsoever name known, in the Territory of New 
Mexico. 

■ Sec. 2. Any person who is the owner or possessor of the 
games mentioned in Section 1, or any person engaged in 
operating any such games, or who is in actual possession and 
control as lessee or otherwise of the premises upon which 
games are run or operated, shall be guilty of a misdemeanor 
and upon conviction thereof, shall be punished by a fine of 
not less than one hundred ($100.00) dollars or more than five 
hundred ($500.00) dollars, and shall be imprisoned in the 
county jail for not less than six months. 

Sec. 3. It shall be the duty of all district attorneys to 
report any and all violations of this law to 'the grand jury and 



OF THi; TERRITORY OF NFW MEXICO 197 

it shall be the duty of the grand jury to investigate for them- 
selves and cause indictments to be brought against any 
violator of any of the foregoing offenses mentioned in Section 
1, of this act, whether ip operation at the time of investiga- 
tion or at any other time after the passage of this act and 
within three years from the date of the commission of the 
offense. 

Sec. 4. The fines assessed and collected under the pro- 
visions of this act shall go to the benefit of the school fund of 
the school district, town or city, in which such offense is 
committed, except in towns or cities of over one thousand 
inhabitants in which case one-half of all fines shall go to the 
town or city. 

Sec. 5. All laws and parts of laws authorizing the licens- 
ing of gambling in the Territory of New Mexico and all laws 
and parts of laws in conflict herewith are repealed. 

Sec. 6. This act shall take effect and be in full force 
from and after January 1, 1908. 



CHAPTER XCVL LAWS OF 1907. 



An Act entitled an act, to facilitate the collection of 
poll and road taxes, by requiring the employer of 
persons liable therefor to pay such taxes, and 
deduct the amount thereof from the wages of 
SUCH EMPLOYES. C. B. No. 113; Approved March 21, 
1907. 



CONTENTS. 

Sec. 1. Employers to furnish lists, etc. 
Sec. 2. Penalties for violation of this act. 
Sec. 3. V^hen act takes effect. 



Be it enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 

Section 1. That any person, firm or corporation, having 
in his, theirs, or its employ any male person or persons re- 



198 COMPUTATION OF THE SCHOOL I.AWS 

quired by law, to pay a poll tax, or to do public work,* 
shall on demand of the clerk of the school board of any school 
district, wherein such employes may reside and are required 
by law to pay a poll tax, furnish to him a list of the names of 
all employes residing in such school district, liable by law to 
pay a poll tax; and on demand of the road overseer of any 
precinct, shall likewise furnish to him a list of all employes 
residing in such precinct who ^are required by law to work on 
the public roads therein; and if the clerk of any school district 
or road overseer, shall find on such list so furnished to him 
as by this act provided, the name or names of any person or 
persons who have not paid his poll tax or work on the public 
roads or paid a road tax in lieu of such work as required by 
law, such clerk and road overseer respectively shall give to 
such employer the names of all employes found by him on the 
list furnished as herein provided, together with the state- 
ment of the amount of poll tax or road tax, as the case may 
be, each employe is due and owing and thereupon, every 
such employer shall pay to such clerk or road overseer as 
the case may be, the amount due and payable from each 
employe, taking from the officer collecting the said poll tax 
or road tax, a separate receipt for the tax of each employe 
so paid, which receipts shall be and 'become a complete and 
counter claim and set off to the amount of their full face 
value in discharge of any obligation or any manner of in- 
debtedness existing at the time, or which may at any time 
thereafter exist and be owing to any such employe by the 
employer paying the same. 

Sec. 2. Any employer who shall refuse to furnish the 
lists of employes or pay the poll or road tax as provided in the 
preceding section shall be guilty of a misdemeanor and on 
conviction thereof before any justice of the peace having 
jurisdiction shall be punished by fine of not less than twenty- 
five dollars ($25.00) nor more than one hundred .dollars 
($100.00) and the costs of the prosecution, which fines when 
collected shall be turned into the school fund of the school 
district the clerk of which made the demand for the lists and 
payment of poll tax in poll tax cases, and into the road fund 
of the proper precinct where the demand for the lists and 
payment on road tax is made by the road overseer and refused 
by the defendant being prosecuted under the provisions of 
this act. 

Sec. 3. This act shall take effect and be in force from 



O^ rut TERRITORY OF NEW MEXICO 199 

and after May 1, 1907; Provided, hoivever, Nothing in this 
act contained shall be construed to repeal or change any of the 
Laws of this Territory now in force with reference to the 
collection of poll tax or public road tax or work. 



CHAPTER XCVII. 



An Act to revise and to systematize the schooe eaws 
oe the territory oe new mexico and eor other 
PURPOSES. H. S. H. B. No. 107; Approved March 21, 
1907. 



CONTENTS. 

Sec. 1. Territorial Board of Education — Organization and compen- 
sation. 

Sec. 2. General powers. 

Sec. 3. County teachers' certificates. 

Sec. 4. Territorial teachers' certificates. 

Sec. 5. Temporary permits to teach. 

Sec. 6. Teachers' institutes. Proviso. 

Sec. 7. Revoking certificates. 

Sec. 8. Legally qualified teacher. 

Sec. 9. Text books. 

Sec. 10. Territorial Superintendent of Public Instruction — Appoint- 
ment, term, salary, oath. 

Sec. 11. General powers and duties. 

Sec. 12. Visit rural schools, traveling expenses. 

Sec. 13. Blanks, school law, Lincoln day program. 

Sec. 14. Annual report. 

Sec. 15. Secretary of territorial board of education. 

Sec. 16. Assistant superintendent's salary. 

Sec. 17. Location of office — official acts certified. 

Sec. 18. County superintendents, election, qualification. 

Sec. 19. Oath and bond. 

Sec. 20. Powers and duties. Proviso. 

Sec. 21. Salary and office expenses. 

Sec. 22. Creation and alteration of school districts. 

Sec. 23. Location of school districts — boundary lines. 

Sec. 24. Statistical reports. 

Sec. 25. Levy for school purposes. 

Sec. 26. Teachers wages. 

Sec. 26. Violating School Laws. 



200 C0MP1I;ATI0N of the school I.AWS 

Sec. 27. Property presented to educational institutions or common 

schools. 

Sec. 28. School lands to be leased. 

Sec. 29. Tuition. 

Sec. 30. Laws repealed. 

Sec. 31. Immediate effect. 



Territorial Board of Bducation. 

Be .it enacted by tJie Legislative Assembly of the Territory of 
New Mexico: - . 

Section 1. Organization and Compensation. — There shall 
be a Territorial Board of Education which will consist of nine 
members : The Governor, the Superintendent of Public In- 
struction, and seven members to be appointed by the Governor 
for the term of. five years each ; five of said seven appointed 
members to be selected from among the heads of the Territorial 
educational institutions, the president of St. Michael's College 
at Santa Fe, and the superintendents of schools in the four 
cities of the Territory ranking highest in population at the time 
of the appointment; and two of said seven to be citizens inter- 
ested in public education who are not professional teachers, at 
least one of whom shall be at the time of his appointment a 
county superintendent of schools, these latter to be appointed 
during March, 1909. At the expiration of the term of office 
of a member as this board is now organized under existing 
laws, the governor shall appoint his successor for a term of 
five years, and from among those persons who are made eligible 
by this act. The board shall meet at the office of the superin- 
tendent of public instruction four times a year, at such times as 
it may elect, and such other times upon the call of the gov- 
ernor or a majority of its members, as the public business inay 
require. The governor shall be president of said board, but 
in his absence the board may elect a presiding officer pro 
tempore. 

The members of the board of education shall receive ten 
(10c) cents per mile for attending each meeting of the said 
board, counting one way from their place of residence to its 
place of meeting, and two and one-half ($2.50) dollars a day 
for each session thereof. This mileage and per diem shall 
be paid to the members of said board of education by the 
territorial treasurer upon the order of the territorial auditor 



OF THE TERRITORY OF NEW MEXICO 201 

out of the funds arising from the rental of the common school 
lands of the Territory. 

Sec. 2. General Powers. — The territorial board of edu- 
cation shall have power to grant, renew and revoke teachers' 
certificates, to adopt a series of text books and a uniform 
course of study for the various public schools of the Terri- 
tory, to exercise a general control over teachers' institutes, 
and to perform such other duties pertaining to matters of 
education as may hereinafter be provided by law. 

Sec. 3. County Teachers' Certificates. — The Territorial 
board of education is hereby empowered to issue three grades 
of county teachers' certificates, to be known as first grade, 
second grade and third grades respectively. The certificates 
^shall be issued by said board of education upon examination 
in such subjects as it. may elect, or upon the applicants' pre- 
senting grades in the subjects as required by said board 
from any of the educational institutions of the territory. 
The said examination shall be held at such times, at such 
places, and in such manner as said board deems most ex- 
•pedient. The examination for county teachers' certificates 
shall be conducted by the county superintendent under such 
rules and regulations as such board of education may pre- 
scribe. Upon the close of the examination the county 
superintendent shall forward the papers of the applicants to 
the superintendent of public instruction, who shall grade them, 
or cause them to be graded. The superintendent of 
public instruction is hereby authorized to employ such person 
or persons to assist him in grading the papers of applicants 
as he may judge competent. To pay the service of suCh person 
or persons eight hundred ($800.00) dollars is hereby 
set aside annually, or so much thereof as is necessary, out of 
the funds arising from the rental of common school lands of 
the Territory. The territorial auditor shall pay such persons 
for their services upon presenting receipted bills approved 
by the superintendent of public instruction. Holders of 
county certificates shall be entitled to teach in any school 
district, independent district, incorporated town, city or vil- 
lage of the territory. A third grade certificate entitles the 
holder thereof to teach for one year, second grade two years. 
and first grade three years, respectively. All certificates 
shall be void at the expiration of the term for which 
they were issued. The county superintendents are hereby 
authorized to renew first grade county teachers' certificates 
once only without a formal examination : Provided^ Evidence 



202 COMPUTATION OF THS SCHOOIv LAWS 

is shown of successful experience in teaching and faithful 
attendance to duty; Provided^ further, That no such renewal 
shall be made by the county superintendent without the 
consent of the superintendent of public instruction. Boards 
of education of incorporated cities may issue teachers' certi- 
ficates for such period of time and under such regulations as 
they may prescribe, but such certificates shall be valid only 
in the city whose board issues them. 

Sec. 4. Territorial Teachers' Certificates. — The terri- 
torial board of education is hereby authorized to issue terri- 
torial teachers' professional certificates to persons whom it 
may deem qualified by reason of moral character, academic 
scholarship, knowledge of the theory and art of teaching and 
actual practice in teaching. Holders of the certificates who 
-possess a certificate of attendance upon some county normal 
institute or summer school as herein provided by law, shall be 
entitled, without further examination, to teach in any of the 
public schools Of New Mexico for the period of time desig- 
nated therein. 

The territorial board of education is hereby empowered to 
officially endorse teachers' certificates granted in States and 
other Territories, under such rules as it may prescribe; and 
to grant certificates of the first, second and third grade to per- 
sons who have completed specified courses, approved by the 
territorial board of "education, in New Mexico territorial 
educational institutions or other schools designated by said 
board; Provided, That upon graduation from St. Michael's 
College, located at Santa Fe, the holder of a diploma from the 
full course of study given by said institution shall be entitled 
to a county first grade certificate, which shall be recognized 
in all counties of the territory as a legal certificate for the 
period of time designated therein. 

Sec. .S. Temporary Permits to Teach, — The superintend- 
ent of public instruction is hereby authorized to issue, pend- 
ing the regular examination of teachers' permits to teach in 
the public schools of the territory, to persons whose creden- 
tials as to ability and experience in teaching properly certi- 
fied to are deemed sufficient to meet" the requirements of the 
law, and such temporary permits shall expire upon the first 
day of the next succeeding examination of teachers. County 
school superintendents shall have like authority in their re- 
spective counties, and certificates so issued by county school 
superintendents shall be good only in the county where issued, 
and shall not be issued twice in succession to the same per- 



OF THE TERRITORY OE NEW MEXICO 203 

son, and shall expire at the next examination of teachers in 
the said county. 

Sec. 6. Teachers' Institute. — The county superintend- 
ents of public schools should hold annually in their respective 
counties, for a term of not less than two weeks, a teachers' 
institute for the instruction of teachers and those desiring 
to teach. The county superintendents of the public schools 
with the advice and consent of the territorial superintendent 
of public instruction, shall determine the time and place of 
holding such institutes, and shall select conductors and in- 
structors for the same, and provide for the compensation 
thereof. No person shall be selected or shall serve as a con- 
ductor or instructor who does not hold a certificate from 
the territorial board of education authorizing him or her to do 
so. It shall be compulsory upon all persons who expect to 
teach in any school district, independent district or incor- 
porated town, city or village, to attend at least two weeks of 
the county institute or to show a certificate of attendance upon 
some county institute or summer school approved by the super- 
intendent of public instruction held within the year. Tochers 
who hold a third grade county certificate or permit to teach, 
and who have taught at least three months of school during the 
twelve months previous to the time of holding any county in- 
stitute, may, upon attendance upon a county institute for a 
full term of four weeks receive the sum of fifteen dollars 
($15.00) from the treasurer of the Territory, upon the order 
of the Territorial Auditor of the funds arising from the rental 
or sale of the common school lands of the Territory, upon pre- 
senting to the Territorial Auditor a certificate from the county 
school superintendent of the county in which the institute is 
held, and signed by the institute conductor and the Territorial 
Superintendent of Public Instruction, certifying that said 
teacher had complied with the provisions of this act ; and such 
teachers are also exempt from the institute fees otherwise re- 
Cjuired. The territorial board of education is hereby forbidden 
to issue a certificate to any person who refuses to comply with 
the provision of this act ; Provided, Any person or persons, who 
fail to so attend by reason of sickness or good and sufficient 
excuse rendered to the county superintendent and approved by 
him and by the superintendent of public instruction, may be 
excused from such attendance. Provided, further. The ter- 
ritorial board of education is hereby empowered to excuse such 
persons from attending the county teachers' institute as in 
its judgment it deems eminently qualified to teach by reason 



204 COMPUTATION 01^ The: schooi. i,aws 

of their professional scholarship and .training, and that 
nothing herein contained shall make it compulsory for cities 
which engage a city superintendent of schools who gives at 
least half of his time to direct supervision to hold such in- 
stitutes. 

The territorial board of education is hereby empowered to 
issue a course of study for teachers' institutes. Authority 
is hereby conferred upon the superintendent of public 
instruction to authorize the county superintendent in any 
county wherein the conditions are such as to make it expedient 
to do so, to hold joint county teachers' institutes at such 
place as may be most convenient to all parties concerned, 
and when such power is delegated to a county superintendent, 
the expense of any such institute shall be divided equitably 
by the county superintendents, subject to the approval of the ter- 
ritorial superintendent of public instruction, among the counties 
participating therein. 

For the purpose of meeting the expenses of the county 
teachers' institutes, county treasurers of class "A" shall set 
apart 'annually from the general school funds of their 
respective counties not less than one hundred ($100.00) dol- 
lars ; in counties of class "B" not less than seventy-five ($75.00) 
dollars for such purpose; in counties of classes "C," "D" and 
"E" not less than fifty ($50.00) dollars for such purpose: 
Provided, That in counties where an institute is held for a full 
term of four weeks the county treasurer shall set aside at least 
fifty ($50.00) more than that already provided for institute 
purposes. At each session of the teachers' institute the county 
superintendent upon the advice and consent of the ter- 
ritorial superintendent of public instruction shall collect from 
each person in attendance a fee of not less than one ($1.00) 
dollar and not more than three ($3.00) dollars. The money 
thus collected and set apart shall be known as the "County 
Teachers' Institute Fund," and the county treasurer shall be 
its custodian, but he shall not receive any of it for his services 
in receiving or as such custodian. All disbursements of the 
Teachers' Institute Fund," shall be upon the order of the county 
superintendent, countersigned by the superintendent of pub- 
lic instruction, and no order shall be drawn on said fund, ex- 
cept for services rendered and expenses actually incurred in 
connection with the teachers' institute. But the legitimate ex- 
penses incidental to conducting examination ordered by the 
Territorial Board of Education shall be considered as expenses 
incurred in conne^ction with the teachers'" institute ; Provided, 



OF" The: territory op new mExico 205 

That the Territorial Board of Education shall have the power 
to waive the holding of any county normal institute in counties 
where authorized summer schools are held and in counties ad- 
jacent thereto. 

Sec. 7. Revoking Certificates. — The territorial board of 
education is hereby empowered to revoke certificates of con- 
ductors and instructors of teachers' institutes, territorial 
teachers' professional certificates, county teachers' certificates, 
and city teachers' certificates issued by boards of education, 
for incompetency, immorality of the holder, or for any cause 
that should have withheld the issue of such certificate; 
Provided, That in each case the accused shall be allowed a full 
and fair hearing at which he may be privileged to employ the 
services of counsel. 

Sec. 8. Legally Qualified Teacher. — A legally qualified 
teacher to teach in any school district, incorporated town, city, 
village, or independent district, shall be one who has been cer- 
tificated as prescribed in this act, and who possesses a certi- 
ficate of attendance upon some county teachers' institute, 
or summer school, approved by the territorial superintend- 
ent of public instruction, held within twelve months, or has 
an approved excuse for non-attendance; or one who holds 
a legal permit to teach in this territory. Any county super- 
intendent, member of a board of school directors, member of 
a board of education, county treasurer, or other persons, who 
shall directly or indirectly cause the public school funds to be 
paid for teachers' services to any other person than a legally 
qualified teacher under the provisions of this act, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be fined in 
the sum of not less than one hundred ($100.00) dollars nor 
more than five hundred ($500.00) dollars for each and every 
offense, and may be removed from ofiice in the manner pro- 
vided by law. 

Sec. 9. Text Books.- — The territorial board of education 
shall have, and is hereby vested with full power to adopt a 
system of school books for the use of the public schools of 
the Territory, and only the school books so adopted by said 
board shall be used in any of the first eight grades of the 
public schools of this Territory. The board of education 
shall have power to contract VN^ith the publisher or publishers 
of text books adopted for use in the public schools of New 
Mexico, in the name of the Territory and through the super- 
intendent of public instruction for the purchase and delivery 
of said books under such regulations as the board may adopt. 



206 COMPIIvATlON OF THE SCHOOL IvAWS . 

Text books once adopted shall not be changed for four 
years and the first contract under this act shall not be entered 
into between the publishers and the Territory later than June 
15, 1907. 

If the Territorial board of education shall violate the pro- 
hibition in this section contained against changing within a 
period of four years text books adopted by such board, or if 
such territorial board of ed-ucation, the superintendent of pub- 
lic instruction, any county superintendent, or any board of 
school directors, or board of education in this territory shall 
knowingly permit, in any of the first eight grades of the public 
schools of this Territory, the use of any text book or books 
other than such as are adopted by the territorial board of 
education, upon conviction thereof, the person or persons con- 
victed shall be punished by a fine of not less than ten ($10.00) 
dollars nor more than one hundred ($100.00) dollars; 
Provided, That nothing herein contained shall prevent the use 
of text books, approved by the territorial board of education 
or the territorial superintendent of public instruction, supple- 
mentary to the regularly adopted text books. 

Territorial Superintendent of Public Instrtiction. 

Sec. 10. Appointment, Term, Salary, Oath. — At the ex- 
piration of the term of office of the present superintendent of 
public instruction and every two years thereafter, the gov- 
ernor shall appoint, by and with the advice and the consent of 
the council, a duly qualified person as superintendent of public 
instruction, who shall hold his office for two years and until 
his successor is appointed and has qualified. Salary of said 
superintendent shall be twenty-four hundred ($2,400.00) dol- 
lars per annum, payable monthly on the warrant of the auditor 
drawn upon the territorial treasurer. Said superintendent of 
public instruction shall before entering ' upon the duties of 
his office, take and subscribe to the oath or affirmation as pro- 
vided by law, which oath or affirmation shall be filed in the 
office of the Secretary of the Territory. 

Sec. 11. General Powers and Duties. — The superintend- 
ent of public instruction shall have general supervision of 
public education, and it shall be his duty to visit the terri- 
torial institutions and to meet with governing boards of 
said institutions at least once in each year. He shall 
have supervision over rural schools, acting through the county 
superintendents who shall be responsible to the superintendent 



OB* The; territory oe new mkxico 207 

of public instruction for faithful performance of their duty. 
He shall have such general supervision over city, town, and 
village schools as shall be necessary in harmonizing and sys- 
tematizing reports, and in securing uniform operation of the 
public school system. He is hereby vested with general super- 
vision over the official records and accounts of any school 
district, independent district, or those of any incorporated city, 
town or village, and may require correction thereof, when nec- 
essary, personally, or he may delegate this power to the county 
superintendent. He may suspend the county superintendent 
and institute, or cause to be instituted, proceedings in a court 
of competent jurisdiction for the purpose of bringing about 
the removal of said county superintendent in the manner pre- 
scribed by law, when he shall be satisfied from sufficient evi- 
dence submitted to him that said county superintendent does 
not possess the qualifications required or perform his duties as 
prescribed by the territorial board of education. 

The superintendent of public instruction shall, at the re- 
quest of any county school superintendent or other school offi- 
cer, give his opinion upon a written statement of the facts on 
any question or controversy arising out of the interpretation 
and construction of school laws and shall keep a record of all 
such decisions. 

Upon giving any such opinion the superintendent may sub- 
mit the statement of facts to the attorney general for his advise 
thereon. It shall be the duty of the attorney general forthwith, 
to examine such statement and suggest the proper decision to 
be made upon such facts. 

Sec. 12. Visit Rural Schools, Traveling Expenses. — It 
shall be the duty of the territorial superintendent of- public in- 
struction to visit each county, as often as consistent with the 
discharge of his other duties, for the purpose of holding 
teachers' meetings, advising with county superintendents and 
school directors, and awakening an interest in the cause of 
education throughout the Territory. To this end an annual 
appropriation of seven hundred ($700.00) dollars, or such a 
part thereof as may be required, is^ hereby made for traveling 
expenses, payable on presentation of certified vouchers and 
warrants drawn by the auditor upon the territorial treasurer. 
Such traveling expenses may be incurred by the assistant su- 
perintendent when acting under the direction of the superin- 
tendent of public instuiction. Said superintendent shall file 
and carefully preserve in his office the official reports made to 
him by the county superintendents of the several counties, 



208 COMPILATION OF THE SCHOOL LAWS 

heads of the territorial educational institutions, and by 
trustees and directors of all schools of whatever nature within 
the Territory. 

Sec. 13. Blanks, School Law, Lincoln Day Program.— 
Said superintendent shall prescribe and cause to be prepared in 
English and Spanish all forms and blanks necessary in carry- 
ing out the details of the common school system, so as to 
secure its uniform operation throughout the Territory, and 
cause the same to be forwarded to the several county superin- 
tendents to be by them distributed to the several persons en- 
titled to receive the same. He shall cause to be published, as 
needed, as many copies of the school laws in force, with such 
forms, decisions, annotations, regulations, and instructions 
as he may judge expedient thereto annexed, and shall cause 
the same to be forwarded to the county superintendents for 
distribution. It shall be the duty of the superintendent of 
public instruction to prepare a program of patriotic exercises for 
the proper observance of Lincoln Day, and to furnish printed 
copies of the same to the school directors and boards of educa- 
tion of various districts, cities, towns and villages, at least four 
weeks previous to the twelfth day of February in each year ; he 
shall also prepare for the use of the school a printed program 
providing for a uniform salute to the flag. 

Sec. 14. Annual Report. — The territorial superintendent 
shall prepare and cause to be published annually a report of 
all the common schools, academies, normal schools, colleges, 
private and sectarian schools in the Territory, which report 
shall indicate the number and sex of all persons enrolled in 
the several schools ; the value of the school property, and such 
other facts as he may deem expedient ; the same to be drawn 
from the reports of the county superintendents and from the 
reports of school boards, boards of regents, and boards of 
trustees of the several institutions. 

Sec. 15. Secretary of the Territorial Board of Educa- 
tion. — The territorial superintendent of public instruction shall 
be secretary of the territorial board of education and shall keep 
faithful and correct records of its proceedings, which records 
shall be kept open at all times for inspection. A copy of said 
record, certified by the secretary of the board shall in all cases 
be received as evidence in the courts of, or elsewhere in, New 
Mexico. 

Sec. 16. Assistant Superintendent, Salary. — The superin- 
tendent of public instruction is hereby empowered to appoint 
an assistant superintendent of public instruction, who shall be 



01'' the; rE;RRlTORY OF NKW MEXICO 209 

thoroughly conversant with the Spanish and Knglish languages 
and to revoke such appointment at his discretion, and such as- 
sistant shall take the oath of office as provided by law, which, 
with his appointment, shall be filed with the secretary of the 
territory. Said assistant shall receive a salary not to exceed 
fifteen hundred ($1,500.00) dollars per annum, payable in like 
manner as provided for the payment of the salary of the super- 
intendent of public instruction. 

Sec. 17. Location of Office — Official Acts Certified. — 
The office of the superintendent of public instruction shall be at 
the seat of government where shall be kept all books and papers 
pertaining to the business of his office, and copies of all papers 
filed. His official acts shall be certified by him, and when so 
certified to shall be received in the courts of, or elsewhere in. 
New Mexico, as evidence equally and in like manner as the 
original papers, and he shall deliver to his successor within ten 
days after the expiration of his term, all books, papers, doc- 
uments, and other property belonging to his office. 

Sec. 18. County Superintendent, Election. Qualifica 
tions. — A county superintendent of schools for each county 
shall be elected at each general election, and shall enter upon 
the duties of his office on the first of January following his 
election. Said county superintendent shall hold office for two 
years, or until his successor shall have been duly elected and 
has qualified, unless sooner removed for cause. 

From and after the date of passage of this act, no person 
shall be eligible to the office of county superintendent of 
schools who is not a person of culture and practical experience 
and learning in those branches of education taught in public 
schools, as provided by law, and a person of good moral char- 
acter, such qualifications to be passed upon and approved by the 
Territorial Board of Education : Provided, This section shall 
not take effect until January 1, 1909. 

Any person or persons who shall directly or indirectly 
cause any portion of the public school fund to be paid to any 
person for services as county superintendent of schools who 
shall not have filed with the county treasurer a certified 
statement of the qualifications hereinbefore mentioned shall 
be guilty of a misdemeanor and upon conviction thereof shall 
be fined in the sum of not less than one hundred ($100.00) 
dollars nor more than five hundred ($500.00) dollars for each 
and every offense, and may be removed from office as provided 
by law. 

In case no person having the qualifications as herein pro- 



210 COMPILATION OF THE SCHOOI. LAWS 

vided for county superintendent shall be elected in any 
county, then upon the nomination of the territorial board of 
education, the board of county commissioners of said county 
shall appoint as county superintendent a person having such 
qualifications, who shall fill the office until a properly quali- 
fied persons shall have been elected by the people of the county, 
or until a successor shall have been appointed and has duly 
qualified. 

Sec. 19. Oath and Bond. — Each County Superintendent 
shall, before entering upon the discharge of the duties of his 
office, take and subscribe to the oath or affirmation as provided 
by law, which oath or affirmation shall be filed in the office of 
the probate clerk. Within thirty days after receiving his certi- 
ficate of election or appointment as herein provided, he shall 
give a bond in the sum of two thousand ($2,000.00) dollars 
to be approved by and filed with the board of county commis- 
sioners of his county. 

Sec. 20. Powers and Duties. — Subject to the supervision 
and direction of the superintendent of public instruction, the 
county superintendent of schools shall have jurisdiction over 
all public schools within his county, except those in cities, 
and such schools, including city schools, shall make such re- 
ports to the county superintendent and to the superintendent 
of public instruction as may be. required by the territorial board 
of education. Each county superintendent shall visit each 
school within his county as often as the territorial board of 
education may prescribe. He shall supervise the methods of 
instruction employed in the various schools ; consult with the 
school directors concerning the improvement of their schools 
and the keeping of their accounts ; enforce compliance with 
the school laws ; organize, disorganize, or change the 
boundaries of any school district, as hereinafter provided in 
this act ; hold teachers' meetings for the advancement of the 
school interests of his county, and perform such other duties 
as are now provided by law for county superintendents and 
such as the territorial board of education may prescribe. He 
shall also on the third Monday in January, April, July and 
October of each year, or as soon thereafter as he shall receive 
the certificate of the territorial superintendent of public in- 
struction signifying the amount appropriated to each county 
for the use of the common schools of the current year, appor- 
tion such amount, together with the county school fund for 
the same purpose, to the several districts within his county, 
in proportion to the number of school" children residing in 



OF THE Te:RRITORY OF NEW MEXICO 211 

each over five and under twenty-one years of age, as the same 
shall appear from the last annual reports of the clerks of the 
respective school districts, and he shall immediately certify 
such apportionment to the directors of the respective school 
districts, and to the county treasurer of his county, who shall 
credit the several school districts on his books with the re- 
spective sums apportioned to them : Provided, That the county 
school superintendent is hereby authorized to leave in the county 
school fund a sufficient amount to meet such warrants as may 
be legally drawn against this fund as elsewhere provided by law. 
Sec. 21. Salary and Of^ce Expenses. — From and after 
the first of January, 1909, the county superintendents of 
the several counties of this Territory shall receive the following 
annual compensation, payable from the general school fund of 
the county, in monthly installments on warrants of the probate 
clerk, drawn on the county treasurer : 

In counties of ten school rooms or less, under the jurisdic- 
tion of the county superintendent, as provided in this act, 
used for general school purposes at least three months in the 

year ■■$ 300.00 

In counties of eleven to sixteen rooms, as aforesaid . . 600.00 
In counties of seventeen to twenty-five rooms, as 

aforesaid 800.00 

In counties of twenty-six to thirtv-three rooms, as 

aforesaid ^ 1000.00 

In counties of thirty-four to forty-two rooms, as 

aforesaid 1200.00 

In counties of forty-three rooms, or more, as afore- 
said and in all counties of the first class determined 
by the latest report of the Territorial traveling 
auditor 1500.00 

Provided, however. That the salaries as fixed by this Sec- 
tion shall not in any event exceed one-third of the total amount 
of money collected in any county from the tax levy for general 
school purposes in any years; Provided, This Section shall 
not take effect until January 1st, 1909. 

Said county superintendents shall be entitled to ofhce 
expenses covering stationery, postage, printing, etc., which for 
any one year shall not exceed four per cent of their respective 
salaries. These expenses shall be allowed quarterly by the 
board of county commissioners, on presentation of itemized 
and certified bills. 

The territorial superintendent of public instruction shall 



212 COMPILATION OF THE SCHOOL LAWS 

classify all counties of the Territory on the basis provided in 
this Section, on or before the first day of January, 1909, and 
each year thereafter, and within ten days shall certify the 
same to the board of county commissioners of each county. 

Sec. 22. Creation and Alteration of School Districts. — 
Whenever it is desired that a new school district shall be 
formed, a petition and statement of facts signed by a majority 
of legal electors residing within the proposed district shall be 
presented to the county superintendent of schools. Said peti- 
tion and statement shall contain such description of the boun- 
daries of said proposed district as will be sufficient to definitely 
locate it ; it shall also contain the names and ages of all persons 
of school age who are actually residents of the proposed 
district. 

Whenever a new district has been created, at the next regu- 
lar apportionment, the county superintendent shall apportion 
to it its share of the school fund as provided by law. 

No school district shall hereafter be created or divided 
unless there be at least twenty-five (25) children of school 
age in the new district and at least twenty-five (25) children 
of school age remaining in the district or each of the districts 
from which such district is taken; Provided, however, That a 
board of school directors may maintain more than one school 
in its district for the better accommodation of the patrons of 
said district. 

Upon the receipt of such petition and statement by the 
county superintendent, he shall create such new district, 
shall assign to it a number or other proper designation, ap- 
point three persons as a board of directors, who shall serve 
until the time of the next regular election for directors, at 
which time a board shall be elected in accordance with the 
provisions of Chapter 55, Laws of 1901 ; Provided, That the 
territory of a school district shall not be so reduced as to make 
its bonded indebtedness exceed four (4%) per cent, of its 
assessed valuation. 

After paying all indebtedness of the old district that is . 
chargeable to the common school fund, if any balance remains 
the county superintendent shall divide the said balance 
between the old district and the new in proportion to the num- 
ber of children of school age in each. All other resources 
such as school houses, proceeds from sale of bonds, also all 
similar indebtedness shall be divided between the old district 
and the new in proportion to the taxable property, according 
to the assessed value in each. In making such adjustment. 



OF THE TERRITORY OF NEW MEXICO 213 

the superintendent, in co-operation with the board of county 
commissioners, of the county in which such districts are 
situated, is hereby authorized to use such plans, or means, as 
will best subserve the mutual interests of the two districts 
and their decisions shall be final, subject to the right of appeal 
to the. courts. 

The county superintendent shall consolidate school dis- 
tricts on the presentation of separate petitions signed by the 
majority of electors residing in the respective districts 
affected ; he shall also attach a territory to a district by change 
of boundary lines on the presentation of separate petitions 
signed by the majority of the electors residing in the respective 
territories affected ; which petitions shall be prepared and sub- 
mitted as hereinbefore described. 

Whenever the number of persons of school age within a 
school district has been reduced below 1 5 from causes over 
which the county superintendent does not have control and 
these conditions seem likely to remain permanent, said super- 
intendent is empowered to disorganize such district and attach 
the territory to the school district or districts adjacent thereto. 
Provided, If said district at the time of disorganization is liable 
for bond issue or interest thereon, the board of county com- 
missioners is hereby authorized and required to make levy and 
order collections thereof on the property of said disorganized 
district for the purpose of meeting the payment of said bonds 
and interest in a manner as provided for such purpose in the 
case of a regular school district. 

Appeal may be made from the decision of the county 
superintendent concerning the organization, disorganization, 
or change of boundary lines of a school district, to the board of 
county commissioners of the county in which the school district 
is located, and'the decision of said board shall be final. 

Sec. 23. Location of School District — Boundary Lines. — 
The boundary lines and corner of all school districts shall be 
accurately located by the county surveyor of each county at 
the request of the superintendent, who shall prepare a map 
showing the districts as contemplated in Section 1545, 
Compiled Law of 1897. The expense of such proceedings 
shall be charged to the county wherein the school district is 
situated and be allowed by the board of county commissioners 
at the discretion of said board not to exceed fifty ($50.00) dol- 
lars a school district. 

Sec. 24. Statistical Reports. — The scholastic year for all 
schools and educational institutions of whatever nature in the 



214 COMPUTATION OF THE SCHOOIv I.AWS 

Territory of New Mexico snail end June fifteen of each year. 
Within ten days after such date, the school directors of school 
districts, and the secretaries or clerks of the boards of educa- 
tion of town, village and city schools, located within each 
county shall file statistical reports with the county superin- 
tendent, containing- such items of information as are required 
by law. On or before July fifteen of each year the county 
superintendents and the heads of the various educational insti- 
tutions shall make their annual statistical reports to the super- 
intendent of public instruction, and thirty days thereafter the 
superintendent of public instruction shall make his annual re- 
port to the governor of the Territory. 

Sec. 25. Levy for School Purposes (As amended, Laws 
1909). — The school directors of each school district, and boards 
of education of cities, towns and villages, shah have power and 
are hereby required to provide, by purchase or lease, suitable 
school houses, to keep in repair and provide said school houses 
with necessary furniture and fuel, to pay teachers' wages and 
interest on school bonds, and for the redemption thereof, and to 
defray all other contingent expenses connected with the proper 
conduct of the schools of the district. To provide the necessary 
funds for such purposes, it shall be their duty to make an 
estimate for a tax levy on the taxable property of the district, 
on or before the first Monday of May of each year, and for the 
purposes hereinbefore named, they are empowered to levy a 
tax not to exceed five ( 5 ) mills on the dollar in any one year on 
the taxable property of their respective school districts, which 
levy shall be certified to the board of county commissioners and 
when approved by such board of county commissioners or when 
fixed by said board in the event of disapproval, shall then be 
collected by due process of law as other taxes are collected and 
accounted for. For the purposes hereinbefore mentioned, the 
school directors of each district, and boards of education in 
cities, towns, and villages, are further empowered to levy a 
tax of more than five (5) mills and not to exceed fifteen (15) 
mills: Provided, That the tax required above five (5) mills 
shall be voted upon by the qualified voters of said district, 
except in cities, at a regularly called election for that purpose, 
and if concurred in by a majority of the votes cast at said 
election the levy shall be certified to the board of county 
commissioners, and if such commissioners decide the election 
legal this tax shall then be collected and accounted for the same 
as other taxes. To further provide the necessary funds for the 
conduct of the public schools of the Territory, the territorial 



Ot THE TERRITORY OF NEW MEXICO 215 

auditor shall annually, on or before the first day of May of 
each year, levy a tax 'of three (3) mills on the dollar upon all 
taxable property of the territory and certify the same to the 
county collectors of the several counties, who shall collect the 
same as other taxes are collected. The school fund derived 
from the general levy of three (3) mills shall be paid directly 
by the several collectors to the treasurers of their respective 
counties to the credit of the County School Fund, and shall be 
apportioned as required by Section 20, of this act, together 
with all County School Funds by the county superintendent of 
schools.: Provided, That no portion of the money derived 
from said three (3) mills levy as hereinbefore mentioned shall 
be apportioned by any county school superintendent to any 
school district which does not levy a special tax annually of 
not less than three (3) mihs on each dollar of the taxable 
property of that district for its district school purposes as here- 
inbefore provided. 

Any surplus in the sinking fund of any school district may 
be applied by the directors of said district to the building of 
additional school houses or to the enlargement of their present 
school buildings. 

All property, personal and real, situated in each school 
district, not otherwise exempt by law, shall be subject to the 
general three (3) mills levy and also the sinking fund bond 
levy and also the levy authorized by the school directors or 
boards of education of each district for the purpose of this act 
and no further. When a special tax is levied by the qualified 
voters of a school district for school purposes, the same shall 
remain in full force and effect until the district votes to dis- 
continue said levy. 

Sec. 26. Teachers' Wages.— From and after September 
1, 1907, the maximum salary that shall be paid to any teacher 
employed to teach in the public schools in this Territory 
holding a certificate not higher than a third grade shall be 
fifty ($50.00) dollars per month; the maximum salary that 
shall be paid to a holder of a certificate not higher than a 
second grade shall be seventy-five ($75.00) dollars per month; 
Provided, That permits shall in no case be classed as higher 
than a third grade certificate, but if a holder of a permit shall 
secure a regular teachers' certificate during the term for 
which he is engaged, the salary for the entire term may be fixed 
in accordance with the grade of said certificate; Provided, 
further, That a teacher employed in any of the public schools 
of this Territory shall be entitled to full pay for a period not 



216 COMPUTATION 01^ THE^ SCHOOI, LAWS 

to exceed one month during which the school may be closed 
by the board of school directors, board of education, or board 
of health, on account of loss by fire, danger from contagious 
disease, or other similar cause. These provisions shall apply 
to the public schools in cities, towns, and villages as well a? in 
rural districts. Any school director, member of board of »;du- 
cation, or any other person violating the terms of this Section 
shall, upon conviction in a court of competent jurisdiction, be 
fined in the sum not less than ten ($10.00) dollars nor more 
than one hundred ($100.00) dohars, or imprisoned for a term 
not less than ten days nor more than ninety days, and may be 
removed from office by proper procedure. 

Sec. 27. Property Presented to Educational Institutions 
or Common Schools. — In case any person or persons shall will, 
bequeath, or in any other way donate money or other prop- 
erty for the benefit of any kind of public educational institu- 
tion, school district, or other educational interest, it shall be- 
come the duty of the district court of the district in which the 
beneficiary of such benefaction is located to see to it that said 
benefaction is sacredly conserved and administered in ac- 
cordance with the terms and wishes of the donor or donors; 
Provided, That if said donor or donors have not provided 
for or named the executors of their wishes, the judge of said 
district court shall appoint three proper persons, under suffi- 
cient bond, to administer the same. 

Sec. 28. School Lands to be Leased. — -AH land already 
granted, or that shall hereafter be granted, to the Territory 
or State of New Mexico, for the support of the common 
schools or of any educational institution, shall be withdrawn 
from the market and shall not be sold, except such lands as 
are actually needed for the location of schools, churches, ceme- 
teries, right-of-way for railroads, public roads, telegraph and 
telephone lines, irrigation ditches and reservoirs, and such pub- 
lic necessities ; Provided, That this shall not prevent the com- 
pletion of any contract already entered into for the sale of any 
of the aforesaid lands. 

Sec. 29. Tuition. — A board of school directors or board 
of education may admit non-resident pupils to the school or 
schools under its charge, provided school accommodation are 
sufficient to justify the same, and may determine the rate of 
tuition for such pupils and collect the same, which tuition shall 
not be greater than twenty (20%) per cent, more than the 
average cost per capita for education based on the average 
number of pupils belonging to the school throughout the 



OF THE TERRITORY OF NEW MEXICO 217 

previous school term. When non-resident pupils, their parents 
or guardians, pay a school tax in any district, such pupils 
shall be admitted to the school of such district, and the amount 
of such school tax shall be credited on their tuition in a sum 
not to exceed the amount of such tuition, and they shall be re- 
quired to pay tuition only for the difference therein. 

Sec. 30. Laws Repealed. — The following Sections of the 
Revised Statutes of New Mexico of 1897 are hereby repealed : 
1514, 1515, 1520, 1526, 1559, 1593, 1594, 1595, 1596, 1612, 
1613, 1614, 1615, 1616, 1625, 3659, 1537, 1534, 1544, 1558, 
1516, 1518, 1519, 1521, 1522, 1523, 1527, 1598, 1599, 1531, 
1554, 1524, 1525, 1543, 1546. 

That portion of Section 1535 of Compiled Laws of 1897 
from the beginning to and including the word ''provided" in 
the sixteenth (16) line, and 1:he clause beginning "and they 
shall" in line twenty-two (22) to and including "Section one 
thousand five hundred and forty-three" in the line twenty-six 
(26) ; and Sections 1, 2, 4, and 6, Chapter 27, Session Laws 
of 1901, are hereby repealed. Section 3 of Chapter 27 Session 
Laws of 1901 is also amended by taking out the words "or 
towns" in the fourth (4) line and substituting "ten (10) mills" 
for "seven and one-half (7^) mills" in the ninth (9) line 
thereof. Section 4, Chapter 98, Session Laws of 1901 is 
hereby repealed. 

Session laws of 1903, Chapter 23, an act providing for the 
writing and publishing of the history of New Mexico; Sec- 
tions 1, 3, 4, 5, and 14, Chapter 119, "An Act to harmonize 
and strengthen the existing school laws and for other purposes" 
and Chapter 120, "An Act to regulate county institutes" are 
hereby repealed. 

Section 18, Chapter 80, Session Laws of 1899; Section 1, 
Chapter 21, and Section 12, Chapter 90, Session Laws of 1901 ; 
Section 10, Chapter 108, and Section 1, Chapter 74, Chapter 
23, Chapter 100, Laws of 1903; Section 4, Chapter 48, Section 
5, Chapter 60, Laws of 1905 are hereby repealed. 

Section 1532 (as amended), of the Revised Statutes 1897 
is hereby amended by substituting "March" for "May" in line 
twelve, "April" for "June," in line fourteen, "April" for 
"June" in line twenty, "May" for "July" in line twenty-four, 
and "May" for "July" in line twenty-six. 

Section 2, Chapter 55, Laws of 1901, is hereby amended 
by inserting the expression, "except in case of election to fill 
vacancy for unexpired term," after the word "for" in line two. 



218 COMPILATION OF THE SCHOOI. LAWS 

and by substituting ''May" for "July" in line four : Provided, 
hozvcver, That the term of office of school director elected 
for 1907 under the provisions of these amended acts shall 
begin on the first Monday in Julv, 1907, and end on the first 
Monday in May, 1908. 

Chapter 72>, "An Act to authorize the territorial board of 
education to issue certificates to normal institute conductors, 
to harmonize the school laws of 1905, and for other purposes" 
is hereby repealed. 

Sec. 31. Immediate Effect. — All acts and parts of acts 
in conflict with this act are hereby repealed, and this act shall 
be in effect from and after its passage. 



CHAPTER CIV. LAWS OF 1907. 



Sec. 31. All money paid over to the territorial treasurer 
by the commissioner of public lands, derived from the leasing 
of School section 16 and 36, or lands selected as indemnity 
lands in lieu thereof, shall be credited by the territorial treas- 
urer to the Common School Fund, and on or before the first 
Monday of March, June, September, and December of each 
year it shall be his duty to make a complete statement of all 
moneys applicable to the use and support of the common 
schools of the territory and deliver the same duly certified to 
the superintendent of public instruction ; and within twenty 
days thereafter the said superintendent shall make an appor- 
tionment of said money to the various counties according to 
the pro rata enumeration of school children in each county 
acording to the latest returns from the county superintendent 
of schools, and shall certify the aportionment of each county 
to the territorial treasurer and territorial auditor, and to the 
treasurer and superintendent of each county, and the terri- 
torial auditor shall draw his warrant on the territorial treas- 
urer in favor of the treasurer of each county for the amount 
apportioned to said county, and said money shall be appor- 
tioned and distributed in each county according to the law 
governing the apportionment and distribution of other school 
funds. 

Sec. 39. Whenever any of the school sections or other 
land of the Territory of New Mexico shall become valuable or 



GF THE TERRITORY OF NEW MEXICO 219 

desirable for manufacturing, or for townsite purposes, the 
commissioner of public lands may in his discretion cause or 
permit the same to be subdivided into suitable tracts or sur- 
veyed into lots and blocks with the usual reservation for 
streets, alleys and public reservations and shall cause appraise- 
ments to be made of such subdivisions and of said lots and 
blocks in any suitable manner and shall prescribe rules and 
regulations not inconsistent with the provisions of this act and 
the Act of Congress under and by virtue of which title thereto 
hath heretofore or may hereafter vest in said Territory for 
the use and occupancy thereof and may, in his discretion, lease 
or sell said lots, blocks and subdivisions thereunder upon such 
terms and conditions as he may deem for the best interest of 
the territory : Provided, That in the leasing of said lots, 
blocks and subdivisions all of the provisions of this act regard- 
ing improvements, preferred rights to re-lease and transfer of 
leases shall apply to the leasing of lots, blocks and other sub- 
divisions so far as the same shall be applicable. 



220 COMPILATION 01^ THE SCHOOL. I.AWS 



Session Laws 1909. 



CHAPTER 4. 



An Act, entitled "An Act to establish a museum eor 

THE territory OE NEW MEXICO, AND EOR OTHER PUR- 
POSES." A. H. B. No. 100; Approved February 19, 1909. 



Sec. 


1. 




etc. 


Sec. 


2. 


Sec. 


3. 


Sec. 


4. 



CONTENTS. 

Museum of New Mexico established; location; management, 

Buildings and grounds set aside for; description. 
Historical Society of New Mexico; rooms provided for, etc. 
Board of Regents; personnel of; appointment; oath, duties; 
to receive no compensation; Secretary and Treasurer to be elected 
and give bond; approval of bond; auditing of accounts; quorum; 
rules; vacancies. 

Sec. 5. Director of School of American Archaeology to be director of 
Museum of New Mexico; no compensation from New Mexico. 

Sec. 6. Board of Regents to equip building, etc., for occupancy; funds 
to be provided by Territory not to exceed $3,000. 

Sec. 7. Buildings to retain external appearance as nearly as pos- 
sible. 

Sec. 8. Approp^riation for; when available, etc. 

Sec. 9. Board of Regents to make annual report. Museum and all 
property to remain exclusive property of New Mexico. 



Whereas, The Archaeological Institute of America, located 
in the City of Washington, D. C, a corporation organized and 
existing under and by virtue of an act of the Congress of the 
United States, has by a resolution adopted by the Council of 
the said institute on the 31st day of December, 1908, made a 
proposition to the Territory of New Mexico, for the location 
of its School of American Archaeology in Santa Fe, which 
proposition is filed with the Secretary of New Mexico, and 
upon the performance of the conditions thereof by the Arch- 



OF THE) TE^RRITORY OF N^W MEXICO 221 

aeological Institute of America all of the provisions of this 
act are based; and 

Whereas, The said Territory of New Mexico is desirous 
of accepting the proposition made by said institute and avail- 
ing itself of the benefits to said Territory arising therefrom;, 
therefore 
Be it enacted by the Legislative Assembly of the Territory of 

New Mexico : 

Section 1. There is hereby established the Museum of. 
New Mexico, which shall be located at the City of Santa Fe, 
and which shall be under the management and control of a 
board of regents of six members to be appointed as herein- 
after provided. 

Sec. 2. The building known as the Old Palace, in Santa 
Fe, and the grounds appertaining thereto, bounded as fol- 
lows : On the south by Palace Avenue ; on the east by Wash- 
ington Avenue; on the north by lands of the Territory on 
which is now being constructed the Armory building, and the 
lands of the Santa Fe Lodge No. 460, B. P. O. E. of Santa 
Fe, and on the west by Lincoln Avenue, together \nth. all 
buildings and improvements thereupon situate and all lands 
or other property that may be acquired for museum purposes 
at any time in the future, are hereby placed under the control 
of the Board of Regents herein created, for the use of the 
Museum herein established, and for other purposes as herein 
specified. 

Sec. 3. The Board of Regents shall grant, free of rent, 
to the Archaeological Institute of America, the use of the. 
property herein described, for the seat of its School and 
Museum of American Archaeology which museum, shall be 
the Museum of New Mexico: Provided, That the rooms in 
the east end of the building which are now occupied by the 
Historical Society of- New Mexico, shall be reserved for the 
use of said society, free of rent, so long as the same is con- 
ducted in harmony with the management of the Museum of 
New Mexico herein established, and for free public use. The 
facts of which shall be judged of by the Territorial Legisla- 
ture. 

Sec. 4. The Board of Regents shall be constituted as 
follows : The Governor of New Mexico is hereby authorized 
to nominate, and by and with the advice and consent of the 
Council, appoint one reputable citizen of New Mexico, and 



222 COMPILATION Olf THE SGHOOIv LAWS 

three members of the managing committee of the School of 
American Archaeology, who shall be designated to him by its 
chairman. The Governor of New Mexico and the president 
of New Mexico Archaeological Society, shall be ex-officio 
members of said Board of Regents, with full power of mem- 
bership. No member of said Board of Regents, shall receive 
any salaj"y or compensation, either directly or indirectly from 
the Territory of New Mexico, for any services performed as 
members of said Board of Regents, and each member of said 
board shall, after his appointment as aforesaid, take and 
subscribe an oath before a qualified notary public having a 
seal, for the faithful performance of his duties as such, wnich 
oath of office shall be filed with the Secretary of New Mexico. 
Said Board of Regents shall assemble at Santa Fe, New 
Mexico, within ninety days after the passage of this act, and 
organize by the election of one of its members as president, 
and one of its members as secretary and treasurer. The sec- 
retary and treasurer shall be a resident of New Mexico, and 
shall execute good and sufficient bond in the sum of not less 
than five thousand dollars to the Territory of New Mexico, 
to be approved by the Secretary of New Mexico, and by him 
deposited for safe keeping, for the faithful perfomiance of his 
duties as secretary and treasurer as aforesaid, and for the 
proper accounting for all funds received by him from any 
source whatsoever in his official capacity. At the annual 
meeting of said Board of Regents, the accounts of the secre- 
tary and treasurer shall be audited, and all valid accounts ap- 
proved. Four members of the Board of Regents shall consti- 
tute a quorum for the transaction of business, but a less 
number may adjourn from time to time. Said board shall 
provide proper rules and regulations for its own government. 
The appointed members of said board shall hold office for the 
term of four years, and until their successors are appointed 
and qualified. In case of any vacancy in said board, the Gov- 
ernor is hereby authorized to fill such vacancy in the same 
manner as provided for in this act, as to resident or non-resi- 
dent appointive members. 

Sec. 5. The Board of Regents shall accept the services 
of the director of the School of American Archaeology as di- 
rector of the Museum of New Mexico, but said director shall 
receive no salary from funds appropriated by New Mexico. 

Sec. 6. The Board of Regents is authorized to equip the 
Old Palace building with heating plant, electric light and 



Q-e THE TERRITORY OF NEW MEXICO 223 

plumbing, out of funds to be appropriated for that purpose by 
the Territory of New Mexico, in a sum not to exceed three 
thousand dollars. 

Sec. 7. The Board of Regents is directed that all altera- 
tions, extensions and additions to the main Palace building 
shall be made so as to keep it in external appearance as nearly 
as possible in harmony with the Spanish architecture of the 
period of its construction and preserve it as a monument to 
the Spanish founders of the civilization of the Southwest. 

Sec. 8. There is hereby provided an annual appropria- 
tion of five thousand dollars, or so much thereof as may be 
required to be used for the care and improvement of the 
building, grounds and museum, the obtaining of collections, 
books and equipment for the museum, the excavation and 
study of ancient ruins for the benefit of the museum, the 
■preservation of archaeological sites in New Mexico, the pub- 
lication of investigations in New Mexico, and for incidental 
expenses necessary to the administration of the museum ; said 
appropriation to be available each year as follows : Twenty- 
five hundred dollars on the 30th day of June, and twenty-five 
hundred dollars on the 31st day of December; and the auditor 
of public accounts of New Mexico is hereby directed to make 
a sufificient levy on all property subject to taxation in New 
Mexico each year, to realize the sum provided herein, and to 
direct the several collectors of taxes to collect the same at the 
same time and in the same manner as other taxes are col- 
lected, and when the same shall be paid over to the Territorial 
Treasurer, he shall deposit the same in a separate account to 
be kept by him to be known as "The Museum of New Mexico 
Fund," and the said auditor of public accounts shall draw his 
warrants on such funds when available on vouchers properly 
signed by the secretary and treasurer of said Board of Re- 
gents, and the treasurer shall pay the same on presentation 
thereof to him. 

Sec. 9. The Board of Regents of the Museum of New 
Mexico provided for by this act shall make annually on or 
before the fifteenth day of January to the Governor of New 
Mexico a detailed report of all of its acts, transactions, re- 
ceipts and disbursements for the calendar year immediately 
preceding such report, which said report shall be transmitted 
to the first session of the Legislative Assembly held after he 
shall have received the same for the consideration and the 
action of the legislature thereon. The Museum of New 



224 COMPILATION OF THE SCHOOIy LAWS 

Mexico hereby established and all of its property of every 
kind and description shall be and remain the exclusive prop- 
erty of the Territory of New Mexico, and any future legisla- 
ture shall have the right to amend, alter or repeal this act in 
whole or in part. 

Sec. 10. This act shall be in force and effect from and 
after its passage, and all acts and parts of acts in conflict with 
any of the provisions of this act are hereby repealed, and 
nothing in this act shall be construed in any way to interfere 
with the museums of the territorial institutions. 



CHAPTER 7. 



An Act to provide eor an issue of bonds oe the terri- 
tory OE NEW MEXICO EOR COMMON SCHOOL PURPOSES, 
DEFINING THE PURPOSES EOR WHICH ThE MONEY SHALL 
BE USED AND EOR OTHER PURPOSES. H. S. H. B. No. 96; 

Approved Pehniary 25, 1909. 



CONTENTS, 
Sec. 1. Amount of bond issue. 
Sec. 2. Sale of; denomination; interest rate; wiien payable; by whom 

signed. 
Sec. 3. Interest to be paid out of income from common school lands; 
tax to be levied in 20 years from date to provide funds for pay- 
ment of principal, at or before maturity. 
Sec. 4. When not sufficient funds to pay interest, procedure; method 
of sale. 

Disposition of revenue from sale of. 

Banks accepting deposits of such funds to give bond; amount; 
)viso. 

Unlawful to use funds for any other purpose; penalty. 
Treasurer to keep dailj' record of moneys in fund, etc. 
Special fund. 

Board of Trustees; personnel; secretary of; powers. 
Districts entitled to funds; application for; procedure. 
Proviso. 
Sec. 12. Board of Trustees may order school district to issue bonds in 
full amount as provided by law for school building; Board then 
to pay balance of cost of construction out of fund. 
Sec. 13. Application for funds; by whom signed; method of securing; 
to issue school district bonds; how refunded. 



Sec. 


5. 


Sec. 


6. 


Sec. 


7. 


Sec. 


8. 


Sec. 


9. 


Sec. 


10. 


Sec. 


11. 



OF the; territory of new mexico 225 

Sec. 14. Approval of application by Trustees to be endorsed and cer- 
tified to auditor of territory. 

Sec. 15. Length of school term; where funds not sufficient, to be 
provided out of fund; application for, etc. 

Sec. 16. Treasurer of territory to preserve all warrants paid out; 
Auditor to preserve all applications and orders. 

Sec. 17. When all districts provided for, fund herein created to be 
paid into general school fund of territory. 

Sec. 18. Unlawful to use funds for any other purpose; penalty. 

Sec. 19. Purpose and intent of act. 

Sec. 20. This act to be enforced by mandamus. 



Section 1. An issue of bonds of the Territory of New 
Mexico in the sum of five hundred thousand dollars is hereby 
authorized and directed, the proceeds of the sale of such bonds 
to be expended and used for the purposes hereinafter provided. 

Sec. 2. Such bonds shall be issued in the denomination 
of one thousand dollars each, to be known as "Territorial 
Common School Bonds ;" shall bear interest at the rate of four 
per centum per annum, payable semi-annually on the first days 
of January and July of each year until maturity, principal and 
interest payable at such places as may be agreed upon by tho 
purchaser of said bonds, in the City of New York, State of 
New York, or in the City of Santa Fe, Territory of New 
Mexico, such place to be designated and named on the face of 
such bonds; said bonds shall be signed by the Governor and 
Treasurer of the Territory, and countersigned by the auditor 
of public accounts, and shall be made payable in thirty years 
from July 1, 1909, and such bonds shall be dated July 1, 1909. 
' Sec. 3. So much of the income of the common school 
lands of the Territory of New Mexico, as is necessary to pay 
the interest on said bonds is hereby pledged to the payment of 
the same, and the Territorial Treasurer is hereby directed 
and authorized to pay said interest out of the income from said 
common school lands, and each year to hold and retain in the 
treasury of the Territory sufficient money, from said income, 
to pay such interest ; and for the final redemption of the prin- 
cipal of said bonds, there shall be levied at the expiration of 
twenty years from the date of said bonds an annual tax, "suf- 
ficient to provide for the payment of said bonds on or before 
maturity. 

Sec. 4. The full faith and credit of the Territory of New 
Mexico is hereby pledged to the payment of both the princi- 



226 COMPILATION OF THE SCHOOL LAWS 

pal and interest of said bonds ; and in the event there shall not 
be sufficient funds derived from the income from said com- 
mon school lands, in any year or years, to pay any installment 
of interest when due, the said Treasurer of New Mexico shall 
complete the payment thereof, out of any other funds, not 
otherwise appropriated, and if, in the judgment of the Auditor 
of the Territory, there will not, in any given year, be sufficient 
funds derived from the income of common school lands of the 
Territory of New Mexico for the payment of such interest, 
then said Auditor shall cause a levy to be made, upon the 
taxable property within the Territory of New Mexico, suffi- 
cient to pay the balance of said interest. Said bonds shall be 
sold by the Treasurer of the Territory of New Mexico, at not 
less than their par value and accrued interest, and said Treas- 
urer shall, by public notice, which notice shah be inserted in 
some leading financial journal published in the United States, 
and in one of the leading daily newspapers published in the 
Territory of New Mexico at least six times, in succeeding 
issues, for at least thirty days prior to the date fixed for the 
sale of such bonds, invite sealed proposals for the sale of such 
bonds, and, on the date fixed for opening such bids he shall 
open the same in the presence of the bidders, who may be 
present, and the public, in his office, and shall award said 
issue of bonds to the person, firm or corporation, offering 
therefor the highest premium : Provided, hozvever, Said 
Treasurer may, with the concurrence of the Superintendent of 
Public Instruction and the Governor of the Territory ofifer 
and sell, only a portion of said issue, and may retain in the 
vaults of the Treasury the remaining bonds, to be thereafter 
disposed of, upon order of the Governor and Superintendent 
of Public Instruction, but no portion of said bonds shall be 
disposed of except in the manner herein provided. 

Sec. 5. The proceeds of such sale or sales, shall be re- 
ceived by the Treasurer of the Territory of New Mexico, and 
shall be credited by him to the Territorial Common School 
Bond Issue Fund, and said fund shall be used only for the 
purposes hereinafter specified, and so much of said funds, 
which are not required for immediate use, shall be deposited 
by said Treasurer in banks in the Territory of New Mexico, 
at not less than three per cent interest per annum, payable on 
daily balances, and all interest so received shall be credited to 
th Common School Fund of the Territory. 

Sec. 6. Before any such money shall be so deposited, the 



OF The: territory oi' new mExico 227 

Treasurer of the Territory, shall require the bank or banks, 
with which it is proposed to deposit said funds to execute and 
give to said Treasurer a good and sufficient bond, and if said 
bond so proposed be a surety bond the liability thereof shall 
be not less than the full amount of money deposited with said 
bank, and if the same be a personal bond, the liability thereon 
shall exceed, by at least twenty-five per centum, the amount 
so deposited, and the sufficiency of the same shall be deter- 
mined by a certified statement from the county assessor of the 
county wherein such sureties may reside, setting forth the 
assessed valuation of the property and effects of the signers of 
said bond. 

Sec. 7. It shall be unlawful for any Territorial, or other 
official, to use any portion of the fund derived from the sale 
of such bonds, for any purpose, other than as herein specified, 
and any such official who shall divert or use any portion of 
such money, for any other purpose, shall be forthwith re- 
moved from office, and he shall be liable, in an action to be 
brought by the Attorney General of the Territory of New 
Mexico, on his official bond, for any money so used. 

Sec. 8. It shall be the duty of the Treasurer of the 
Territory of New Mexico, to keep a daily record of all moneys 
in the fund hereby created, and of all payments made there- - 
from showing in such record the daily balance in such fund, 
and where the same is deposited or kept, and any citizen of the 
Territory of New Mexico, shall, upon demand, have the right 
to inspect such record. 

Sec. 9. All money realized from the sale of the bonds 
herein authorized, shall be a special fund, available and to be 
used only for the purposes hereinafter specified, and in the 
manner hereinafter provided. 

Sec. 10. The Governor, Secretary of the Territory and 
the Superintendent of Public Instruction shall constitute a 
Board of Trustees for the management and disbursement of 
such fund, and no portion of such fund shall be paid out ex- 
cept upon a written order to the Auditor of the Territory, 
signed by at least two of said officials. The Superintendent of 
Public Instruction shall be the secretary of such board and all 
applications for assistance from said fund, as hereinafter pro- 
vided, shall be made to such Superintendent of Public In- 
struction. 

Sec. 11. Any school district already formed, or which 
may hereafter be formed, no portion of which is included 



228 COMPILATION OF THK SCHOOL LAWS 

within the limits of an incorporated city or town wherein 
there is not sufficient taxable property to enable such school 
(district to build and construct a suitable school house, or 
suitable school houses, for the convenience and suitable edu- 
cation of the children therein of school age, may make appli- 
cation to the Superintendent of Public Instruction of the Ter- 
ritory of New Mexico, on -a form to be prepared by the At- 
torney General of the Territory, for sufficient funds, out of 
the fund herein created, to enable such district to build and 
construct such school house or school houses ; such application 
shall describe the boundaries of such district, give the amount 
of taxable property therein, its indebtedness already issued 
and outstanding, the number of children of school age therein 
who can be accommodated by such school building, and all 
other facts which may aid the board provided for in Section 
10 in determining the advisability of constructing such school 
building or buildings ; said application must, before presenta- 
tion to the Superintendent of Public Instruction, receive. the 
endorsement of the county superintendent of schools, which 
said endorsement must appear on said application : Provided, 
hcnvcver. Should the county school superintendent arbitrarily 
refuse to approve any such application, the directors may 
present the same to the Superintendent of Public Instruction, 
and the Board of Trustees may, after a hearing, if it finds the 
facts warrant, approve said application without the endorse- 
ment of the county superintendent of schools. 

Sec. 12. The Board of Trustees may order and direct 
any such school district to first issue bonds, as provided by 
law and to the full amount as limited by law, and apply such 
proceeds toward the construction of such school building, 
and pay only the balance of the cost of construction out of the 
fund herein created. Said board may, if it deem it advisable, 
pay all the cost of construction out of such fund. 

Sec. 13. Such application, provided for in Section 11 
hereof, shall be signed by the school directors and also by the 
majority of the resident freeholders within said school district 
and the same shall be verified by the directors. If the Board 
of Trustees so order, said district shall issue bonds as pro- 
vided in Section 12 hereof, before it shall be entitled to any 
money out of the fund herein created, and it shall be the duty 
of the directors of such school district, when the taxable 
property in such district is sufficient to enable such district to 
issue school bonds, within the limit as now fixed by law, to 



oif the; territory of new mexico 229 

issue bonds of said school district for the full amount of the 
money received from the Territory of New Mexico, under this 
act, and sell the same, and said district shall then refund to 
the Treasurer of the Territory any and all moneys advanced 
for the purpose of constructing school houses as herein pro- 
vided, and such money so refunded shall be by the Treasurer 
credited to the fund herein created, and paid out as other 
moneys of such fund; and it shall not be necessary for the 
people of such district to vote on the question of the issuance 
of bonds as herein provided, for the purpose of making such 
refund to the Territory, but such petition, so presented as 
provided in Section 11 hereof, shall be held and construed to 
authorize the issue of bonds for such purpose. 

Sec. 14. The Board of Trustees, if it approves such ap- 
plication, shall endorse thereon its approval, and direct the 
amount of money to be paid thereon, and shall certify the 
same to the Auditor of the Territory, who shall draw his 
warrant in favor of such school district, payable out of the 
fund herein created, and the Treasurer of the Territory shall 
pay said warrant, upon presentation, out of such fund, and 
shall be allowed credit therefor. 

Sec. 15. Hereafter there shall be held in each school dis- 
trict in the Territory of New Mexico a term of school of not 
less than five months in duration, and any such school district 
that has not within its confines sufficient taxable property. 
taxed at the maximum allowed by law for school purposes, 
to produce sufficient revenue for such term of school, shall 
receive out of the fund herein created, sufficient money, in 
addition to that raised therein by taxation as herein provided, 
to enable such district to conduct a school term of five months. 
It shall be the duty of the school directors, of all such districts, 
within the Territory, to apply to the Superintendent of Public 
Instruction for such assistance, such application to be made 
upon a form prepared by the Attorney General of the Terri- 
tor}'-, giving among other things the taxable value of all 
property in such district, the rate levied, the salary paid, or 
to be paid the teacher, the number of children of school age, 
the number of school buildings where it is proposed to con- 
duct school, and such other information as may be required 
either by the Attorney General or the Superintendent of Pub- 
lic Instruction; said application shall be approved by the 
county superintendent of schools of such county wherein such 
district is located, before the same is presented to the Superin- 



230 COMPIlvATlON OF THE SCHOOIv LAWS 

tendent of Public Instruction. If the Board of Trustees ap- 
prove such appHcation it shall endorse its approval thereon, 
and shall certify the same to the Auditor of the Territory, to- 
gether with the amount to be paid thereon, and said Auditor 
shall draw his warrant on the Treasurer of the Territory, 
payable out of the fund herein provided for, in favor of such 
school district, and take credit for the same. 

Sec. 16. It shall be the duty of the Treasurer of the 
Territory to carefully preserve all such warrants so paid, and 
to render account of such fund herein created, as now re- 
quired by law of other funds in his hands, and the Auditor 
shall carefully preserve all applications and orders coming 
into his hands as herein provided. 

Sec. 17. Whenever it shall be made to appear to the 
Governor, the Superintendent of Public Instruction and the 
Secretary of the Territory that there are no remaining school 
districts within the Territory of New Mexico, in which there 
is not sufficient taxable property to provide for a five months 
school each year, and to provide suitable school buildings, 
such Governor, Superintendent and Secretary shall direct any 
portion of the fund herein created to be paid into the general 
school fund of the Territory, such direction shall be signed 
by such officials, and presented to the Treasurer and there- 
upon he shall credit such balance to the general school fund. 

Sec. 18. Any official, into whose hands any of the money 
or funds herein provided for shall come, who shall use any 
.portion of such money or funds, for any purpose, other than 
the purpose herein specified and provided for, shall be deemed 
guilty of embezzlement, and upon conviction shall be sen- 
tenced to the penitentiary for not less than one year nor more 
than ten years and fined in any sum not exceeding the amount 
so used or embezzled, and he shall be forthwith removed from 
office, and shall thereafter be ineligible to hold any office of 
trust or profit in the Territory of New Mexico. 

Sec. 19. It is the purpose and intent of this act to pro- 
vide funds and means for the education of all the children 
within the Territory of New Mexico, of school age, who are 
not now able to secure such education, and to provide for the 
location and erection of suitable school buildings, and this act 
shall be construed liberally for the accomplishment of such 
purpose. 



■OF THE TERRITORY OE NEW MEXICO C_ J 231 

Sec. 20. Any act or duty, imposed upon an official by 
this act, may be enforced by mandamus. 

Sec. 21. This act shall be in full force from and after its 
passage and all acts and parts of acts in conflict herewith are 
hereby repealed. 



CHAPTER 12. 



An Act to repeal, an act entitl,ed "an act to make the 

TOWN OE SILVER city AN INDEPENDENT SCHOOE DISTRICT, 
AND TO PROVIDE EOR THE REGULATION AND SUPPORT OE 
SUCH SCHOOL district/' APPROVED EEBRUARY 18. 1882; 
TO SUBJECT THE TERRITORY EMBRACED IN SAID INDEPEND- 
ENT SCHOOL DISTRICT TO THE OPERATION OE THE GEN- 
ERAL SCHOOL LAWS OF THE TERRITORY OF NEW MEXleO 
AND FOR OTHER PURPOSES. H. S. C. S. H. B. No. 29; 
Approved March 2, 1909. 



CONTENTS. 

Sec. 1. Repealing clause. 

Sec. 2. Silver City created independent school district . 

Sec. 3. Board of Trustees to constitute Board of Education until 

next town election. 

Sec. 4. Board of Education to consist of three members. Election of. 

Sec. 5. Property. Disposition of. 

Sec. 6. Funds. Disposition of. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section 1. That the act of the Legislative Assembly of 
the Territory of New Mexico, approved February 18, 1882. 
entitled "An Act to make the town of Silver City an inde- 
pendent school district, and to provide for the regulation and 
support of such school district" be and the same is hereby 
repealed. 

Sec. 2. That all territory embraced within the corporate 
limits of the town of Silver City in the County of Grant, shall 
hereafter be subjected to the general laws of the Territory of 



232 COMPILATION 01^ the: SCHOOlv LAWS 

New Mexico with reference to boards of education in towns, 
being Sections 1563 to 1601 of the Compiled Laws of the 
year 1897, and other general laws with reference to boards of 
education of towns. 

Sec. 3. That the board of trustees of said independent 
school district shall until the next town election for the town 
of Silver City be and constitute the board of education of the 
town of Silver City of the Territory of New Mexico, and 
shall have all powers and be subject to all lia:bilities of such 
board of education as constituted by such general public laws 
relating to incorporated towns. 

Sec. 4. At the next election for the town of Silver City, 
there shall be elected a board of education for said town, con- 
sisting of three members, who shall hold their offices until 
their successors shall be elected and qualified under the gen- 
eral school law. 

Sec. 5. That the board of trustees of said independent 
school district shall and it is hereby authorized and required 
to at once turn over, transfer and convey to the board of edu- 
cation of the town of Silver City of the Territory of New 
Mexico, all property and funds of said independent school 
district in their hands or in their custody or control, and the 
same shall become the property of said board of education of 
the town of Silver City of the Territory of New Mexico. 

Sec. 6. That the treasurer of the County of Grant, be 
and he is hereby authorized and directed to turn over to the 
treasurer of the town of Silver City as ex-officio treasurer of 
the board of education of the town of Silver City of the Ter- 
ritory of New Mexico, all money now in his hands, or which 
may hereafter come to his hands, levied or assessed, for the 
benefit of the said independent school district, after sucn 
treasurer has executed a bond as provided by Section 1571 of 
the Compiled Laws of the Territory of New Mexico for 1897. 

Sec. 7. This act shall be in full force and effect from and 
after its passage. 



Olf THE TERRITORY OE NEW MEXICO 233 

CHAPTER 43. 



An Act providing eor the payment oe the compensa- 
tion oE county superintendents out of the schooe 
funds oe the counties, and for other purposes. 
H. B. No. 245 ; Approved March 16, 1909. 



CONTENTS. 
Sec. 1. County School Superintendent. Salary. Payment of. 
Sec. 2. General county fund to be reimbursed from "General County 
School Fund," for payments made during 1909. 



Be it enacted by the Legislative Assewibly of the Territory of 
Nezv Mexico: 

Section 1. The annual compensation of County School 
Superintendents provided for in Section 21 of Chapter 97 of 
the Acts of the 37th Legislative Assembly may be paid out of 
the general county school fund quarterly upon warrants isued 
by the Board of County Commissioners as other salaries are 
paid, or said salary may in the discretion of the Board of 
Commissioners be paid out of the general county fund. 

Sec. 2. All moneys paid during the year 1909 to county 
superintendents out of the general county fund may be re- 
turned to such fund from the general county school fund. 

Sec. 3. This act shall take effect and be in force from, 
and after its passage and approval, and all acts and parts of 
acts in conflict herewith are hereby repealed.' 



234 COMPIIvATlON OF THE SCHOr^^w I.AWS 

( 

CHAPTER 57, 



An Act to amend section two oe chapter sixty-five, 
EAws OF 1907. H. B. No. 260; Approved March 17, 
1909. 



CONTENTS. 

Sec. 1. Amends Section 2, Chapter 65, Laws 1907, with relation to 
delinquent taxes. 



Be it enacted by the Legislative Asse^nbly of the Territory of 

New Mexico: 

Section 1. That Section 2 of Chapter 65 of the Laws of 
1907, be amencled by substituting therefor the following: 

'^That all delinquent taxes for the years 1901, 1902, 1903, 
1904,-1905 and 1906 be distributed as follows: Two-thirds 
tlT,ereof to be paid into the General County Fund, and one- 
third thereof to be paid into the General School Fund of the 
respective counties in which they are collected : Provided^ 
hozvcver, that the two-thirds of such taxes as above men- 
tioned to be paid to the General County Fund shall be used 
for the purpose of paving the debts of such county for the 
years 1901, 1902, 1903, 1904, 1905 and 1906, and shall be 
applied pro rata upon the debts of said county incurred during 
such years and duly approved by the Board of County Com- 
missioners ; and if any surplus shall remain the said surplus 
shall go to the current expense fund of the said county." 

Sec. 2. That this act shall be in full force and effect 
from and after its passage and all acts in conflict herewith 
are hereby repealed.*' 



OF THE TERRITORY OF NEW MEXICO 235 

CHAPTER 58. 



An Act to validate certain indebtedness oe schooe 

DISTRICT NUMBER EIGHT, COUNTY OE GUADAI^UPE. A. C. 

B. No. 70] Approved March 17, 1909. 



CONTENTS. 

Sec. 1. Indebtedness of School District No. 8, Guadalupe County, 
validated. 

Sec. 2. Bonds to be issued for payment of. Amount, date, redemp- 
tion, etc. 

Sec. 3. After sale of bonds, warrants to be issued to cover indebted- 
ness. 



Be it enacted by the Legislative Assembly of the Territory of 

New Mexico: 

Section 1. That the indebtedness of School District No. 
8, County of Guadalupe, Territory of New Mexico, in the 
sum of seven hundred dollars ($700.00) due to the First Na- 
tional Bank of Santa Rosa, New Mexico, is hereby validated 
and made binding upon said school district. 

Sec. 2. That for the payment of the indebtedness men- 
tioned in Section 1, of this act, the Board of School Directors 
of School "District No. 8, Guadalupe county, are hereby au- 
thorized and directed to make and issue its bonds in the sum 
of one hundred dollars each, or any multiple thereof in the ag- 
gregate sum of seven hundred dollars ($700.00), to be dated 
July 1, 1909, bearing interest at the rate of five per centum, 
payable semi-annually, until paid, and payable twenty years 
after date, and to deliver said bonds to the treasurer of the 
said County of Guadalupe ; and the said treasurer upon receipt 
of said bonds shall sell the same to the highest and best bid- 
der for cash, and at not less than par, and the proceeds from 
said sale shall be deposited by said treasurer as a special de- 
posit subject to the warrants to be drawn as herein specified 
by said Board of School Directors, and said treasurer shall 
notify said board of said sale. 

Sec. 3. That said Board of School Directors of said 
School District No. 8, upon being informed of the sale of said 
bonds, by the treasurer, shall make out their warrants in favor 
of the parties named in Section 1 of this act, for the amount 



236 COMPILATION 01^ THE SCHOOL LAWS 

due them, which warrants shall be paid by the treasurer of 
said county out of the proceeds derived from the sale of 
said bonds. 

Sec. 4. All acts and parts of acts in conflict herewith 
are hereby repealed and this act shall take effect and be in full 
force from and after its passage. 



CHAPTER 97. 



An Act entitled an act to establish the new mexico 
spanish-american normal school. a. c. b. no. 69; 
Approved March 18, 1909. 



CONTENTS. 

Sec. 1. New Mexico Spanish-American Normal School created. Ob- 
ject. Location. 

Sec. 2. Management and control. Powers of trustees. 

Sec. 3. Course of instruction. Graduates to sign obligation to teach. 
When excused. Qualifications of scholar. 

Sec. 4. Appropriation for, etc. 



Whereas, Over 400 country public schools in New Mexico 
are composed principally of scholars whose native language 
is Spanish, and who consequently can only be taught English 
and other studies effectively by teachers acquainted with the 
Spanish language; 

Whereas, The most pressing need of our country common 
schools in counties where the Spanish language is prevalent 
is a sufficient number of native Spanish-speaking teachers, in 
sympathy with their scholars, and with ample education and 
training in their profession to teach schools in Enghsh; 

Whereas, The Territory of New Mexico possesses a com- 
modious and well-built edifice at El Rito, Rio Arriba county, 
erected for the purpose of a Territorial Reform School, but 
which has never yet been occupied, and by its situation is not 
well adapted to the purpose for which it was constructed, but 
is centrally located in the counties havi-ng the largest propor- 



OF THE TERRITORY OF NEW MEXICO 237 

tion of Spanish-Speaking persons, and can easily be adapted 
to general educational use ; therefore, 

Be it enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section 1. There is hereby constituted and established 
the New Mexico Spanish-American Normal School, the ob- 
ject of which shall be to educate Spanish-speaking natives of 
New Mexico for the vocation of teachers in the public schools 
of the counties and districts where the Spanish language is 
prevalent. 

Said Normal School is - hereby located at El Rito. Rio 
Arriba county, on the premises now occupied by the New 
Mexico Reform School; and said premises, together with the 
buildings erected thereon, and all fixtures and equipment con- 
nected therewith are hereby transferred to the said normal 
school. 

Sec. 2. The management and control of said Spanish- 
American Normal School, the appointment, qualification, 
powers and duties of its trustees, shall be the same as pro- 
vided for said Reform School and other Territorial institu- 
tions by Sections 6 and 7 of Chapter 2, of the Laws of 1903 ; 
so far as applicable. 

Sec. 3. The courses of instruction at said normal school 
shall be particularly arranged for the training and qualification 
of teachers to give instructions in English in the ordinary 
rural public schools of the Territory, and especially in those 
where the greater part of the scholars belong to Spanish- 
speaking families. 

Every scholar admitted to said Normal School shall sign 
an obligation agreeing, in case he or she graduates, to teach 
at least two years in public schools of the Territory, unless 
excused for good cause by the Territorial Board of Education. 

No scholar shall be received in said school who has not 
passed the fourth grade as established in the public schools 
of New Mexico in a satisfactory manner; or passes a satis- 
factory examination for entrance in the fifth grade ; and the 
trustees of said school are directed to make regulations to 
insure compliance with this provision. 

Sec.' 4. The sum of $4,500 or so much thereof as may 
be necessary, is hereby appropriated from money in the Ter- 
ritorial Treasury raised by taxation to the credit of the New 



25.8 COMPILATION O^ THE SCHOOL LAWS 

Mexico Reform School, for obtaining necessary furniture and 
apparatus for the opening of said school and for the expenses 
and maintenance of the same to July 1, 1910. 

Sec. 5. All acts and parts of acts in conflict herewith are 
liereby repealed. This act shall be in force and effect from 
and after the date of its passage. 



CHAPTER 106. 



An Act to amend an act entitled '"''an act to provide 

FOR THE leasing, sale, MANAGEMENT AND CONTROL OE 
ALL LANDS NOW OWNED OR HEREAETER ACQUIRED BY THE 
TERRITORY OE NEW MEXICO; TO CREATE A TERRITORIAL 
PUBLIC LAND OFFICE; A COMMISSIONER THEREOF, AND to 
PRESCRIBE THE DUTIES OF SUCH OFFICER; TO PROVIDE FOR 
THE CARE, CUSTODY, DISPOSITION AND INVESTMENT OF 
MONEYS DERIVED FROM ALL TERRITORIAL LANDS BY LEAS- 
ING, SALE OR OTHERWISE ; AND FOR OTHER PURPOSES, AP- 
PROVED MARCH 21, 1907," AND FOR OTHER PURPOSES. 

H. B. No. 187; Apprcrued March 18. 1909. 



CONTENTS. 

Sec. 1. Sec. 3, Chap. 104, Laws 1907, amended. 
Sec. 2. Sec. 5, Chap. 104, Laws 1907, amended. 
Sec. 3. Sec. 6, Chap. 104, Laws 1907, amended. 
Sec. 4. Sec. 7, Chap. 104, Laws 1907, amended. 
Sec. 5. Sec. 8, Chap. 104, Laws 1907, amended. 
Sec. 6. Sec. 11, Chap, 104, Laws 1907, amended. 
Sec. 7. Sec. 12, Chap. 104, Laws 1907, amended. 
Sec. 8. Commissioner of Public Lands. Authority to sell certain lands 

to the town of Portales. Proceeds of sale. 
Sec. 9. Town of Portales to act as trustee. Disposition of revenue. 

Lands for cemetery purposes. Commissioner to sell. 



Be it enacted by the Legislative Assembly of the Territory of 
Nezv Mexico: 

Section 1. That Section 3 of Chapter 104 of the Session 



O^ tut TERRITORY OF NEW MEXICO 239 

Laws of 1907 be and the same is hereby amended so as to 
read as follows : 

"Section 3. The Commissioner of Public Lands shall be 
provided with an official seal and it shall be his duty to 
receive and pass upon all applications for leasing or purchas- 
ing Territorial lands and timber, and contracts, grants, rights- 
of-way, easements or other rights relating thereto, and exe- 
cute and authenticate therewith, on behalf of the Territory, 
all leases, deeds, contracts, grants, rights-of-way, easements, 
and other papers therefor, upon such terms and conditions as 
he may deem for the best interests of said Territory, not in 
conflict with the terms of this act and the act of Congress 
under and by virtue of which said lands have been, or may 
be, acquired ; and all such instruments heretofore or hereafter 
so executed shall be entitled to record without acknowledg- 
ment, and the record thereof in the county in which the land 
afifected thereby is situate shall constitute constructive notice 
to all persons of the contents thereof ; to provide all necessary 
equipment, property, records, books, blanks and appurte- 
nances of every kind whatsoever for the proper management 
of his office and the lands under his control and to have pos- 
session and charge of the same ; to deed by quit claim or 
otherwise to the United States covering any or all claim that 
the Territory of New Mexico may have in and to lands 
within any private land grant or reservation made in pursu- 
ance of authority of any act of Congress, for the purpose of 
selecting indemnity lands therefor, or lands in lieu thereof; 
to collect all" moneys due to the Territory on outstanding 
notes and other evidences of indebtedness for the purchase, 
leasing or use in any manner of Territorial lands and other- 
wise enforce the same according to the statutes of the Terri- 
tory of New Mexico, and all leases, notes, contracts or other 
evidences of indebtedness issued or made to or by the Board 
of Public Lands, or the Commissioner of Public Lands, are 
hereby declared to be the property of the Territory for the 
purposes of this act ; to receive and keep separate accounts of 
all moneys due to the Territory for the leasing, sale and 
handling of -all territorial lands granted for the benefit of the 
institutions designated in the Act of Congress approved June 
21, 1898; and eighty per centum of said moneys shall be 
placed to the credit of separate funds, income and permanent, 
created for the respective purposes named in said act and 
paid over to the Territorial Treasurer on the first day of each 
month, as nearly as may be, to the credit of the several funds 



240 COMPILATION OF THE^ SCHOOL LAWS 

respectively entitled thereto; to keep a full and complete rec- 
ord of all his official acts, and submit to the governor each 
year a report bearing date the last day of December, contain- 
ing a statement of the business and expenses of his office and 
the amount of money turned over by him to the treasurer for 
the benefit of each fund., also such recommendations as he may 
desire to make for the better management, handling and con- 
trol of Territorial lands, which report shall be published and 
distributed and the "expense thereof paid out of the moneys 
derived from said lands in like manner as other expenses 
connected with office required to be paid." 

Sec. 2. That Section 5 of said Chapter 104 of the Ses- 
sion Laws of 1907 be and the same is hereby amended so as to 
read as follows : 

"Section 5. The Commissioner of Public Lands shall 
receive for his salary the sum of three thousand ($3000.00) 
dollars per annum, payable monthly, and is hereby authorized 
to employ and appoint one assistant commissioner of public 
lands, who shall receive for his salary the sum of eighteen 
hundred ($1800.00) dollars per annum, payable monthly, and 
define his duties but who shall in the absence of the commis- 
sioner act for and in his stead in all matters pertaining to the 
leasing and protection of all Territorial lands, and receive 
for and account to the commissioner for all money so re- 
ceived due to the Territory from the leasing, sale, manage- 
ment and control of said lands ; and to employ and appoint 
one agent to investigate, inspect and appraise territorial lands, 
and perform such other duties as may be required of him at a 
salary of twelve hundred ($1200.00) dollars per annum, pay- 
able monthly, one bookkeeper, at a salary of one hundred and 
twenty-five ($125.00) dollars per month, one assistant book- 
keeper at a salary of one hundred ($100.00) dollars per 
month, and one stenographer at a salary of seventy-five 
($75.00) dollars per month, who shall be subject to the imme- 
diate direction of the commissioner and shall employ such 
temporary help as is necessary, at the expense of not to exceed 
one thousand ($1000.00) dollars per annum, and in his dis- 
cretion he may require from said assistant commissioner and 
other employees good and sufficient bonds for the faithful 
performance of their respective positions, the amount of said 
bonds to be as determined by the commissioner." 

Sec. 3. That said Chapter 104, Session Laws of 1907, 
Section 6 thereof be and the same is hereby amended so as to 
read as follows : 



OF the: TE^RRITORY 01^ NE:W MEXICO 241 

"Section 6. It shall be the duty of the commissioner of 
public lands, the assistant commissioner and the agent to 
devote as much of their time as possible to inspecting, investi- 
gating and appraising the Territorial lands and timber sub- 
ject to lease or sale, for the purpose of ultimately obtaining 
a complete record of the character and value of such lands, 
and they shall be allowed their actual expenses necessarily 
incurred, including traveling expenses, in the performance of 
their official duties, and he may require in his discretion any 
clerk or employee to perform any duty required by the terms 
of this act, and such employees shall in like manner be allowed 
their actual expenses necessarily incurred in the performance 
of the duties required of them under this act. 

Sec. 4. That Section 7 of said Chapter 104 of the Ses- 
sion Laws of 1907, be and the same is hereby amended so as 
to read as follows : 

"Sec. 7. All expenses incurred in the leasing, sale, pro- 
tection, management and control of the Territorial lands, 
including all salaries and office expenses, the expenses of the 
commissioner, assistant commissioner, and agent in investi- 
gating, inspecting and appraising said lands and timber, to- 
gether with all other expenses actually necessary to be incurred 
in the administration of this act, shall be paid out of the funds 
derived from the leasing, sale, management and control of 
the same. Itemized bills in duplicate of all expenses shall be 
filed with and approved by the commissioner of public lands, 
the original thereof to be presented to the Territorial auditor 
as provided in Section 8 of this act, and the duplicate to be 
retained on file in the office of said commissioner of public 
lands, and all expenses unless incurred for the benefit of some 
particular fund, shall be equitably distributed between the 
several funds." 

Sec. 5. That Section 8 of said Chapter 104 of Session 
Laws of 1907 be and the same is hereby amended so as to 
read as follows : 

"Section 8. Twenty per centum of all moneys received 
by the commissioner of public lands from the leasing, sale, 
management and control of Territorial lands shall be deposited 
with the Territorial Treasurer, said funds so deposited to con- 
stitute a salary and expense fund, and all disbursements made 
by said commissioner from said moneys in payment of salaries 
and expenses, as herein provided for, shall be made by vouch- 
ers in duplicate, with the approval of the commissioner indi- 



242 COMPILATION OF THE SCHOOL LAWS 

cated thereon, numbered consecutively by series setting forth 
the account covered thereby, such account being duly itemized 
thereon, one copy thereof to be retained in the office of the 
commissioner of public lands and the other copy to be pre- 
sented to the Territorial auditor as herein set forth; said 
vouchers so presented to the Territorial auditor to be filed in 
his office and warrants drawn therefor upon said salary and 
expense fund in the hands of the Territorial Treasurer. Any 
balances that may remain in said salary and expense fund on 
the date of September thirtieth of any calender year, shall be 
apportioned by the Territorial Auditor among the common 
school and institutional funds from which such income has 
been derived in proportion to the total income, less the propor- 
tionate share of expense." 

Sec. 6. That Section 11 of said Chapter 104 of the Ses- 
sion Laws of 1907, be and the same is hereby amended so as 
to read as follows : 

"Section 11. It shall be the duty of each and every county 
assessor of the Territory of New Mexico, whenever requested 
so to do by the commissioner of public lands, to make returns, 
upon blank forms to be provided by the commissioner of 
public lands for that purpose, of any particular tract or of all 
lands located within their respective counties, and to place a 
value on said lands as on patented lands adjoining of like 
character, and as though they were assessing them to owners, 
and also to state if said lands are occupied and if so, by whom; 
also the amount and kind of improvements, if any, and the 
value thereof, together with the legal sub-divisions, townships 
and ranges, and such other information coming within the 
purview of their official positions as may be requested by the 
Commissioner of public Lands. 

Sec. 7. That Section 12 of said Chapter 104 of the Ses- 
sion Laws of 1907 be and the same is hereby amended so as to 
read as follows : 

"Section 12. All lands now owned or hereafter acquired 
by the Territory of New Mexico for leasing purposes only 
shall be subject to lease by the commissioner of public lands, 
and all other lands now owned or hereafter acquired by said 
Territory shall be subject to lease or sale by said commissioner 
as in his judgment will be to the best interests of the Terri- 
tory, but only in accordance with the provisions of law and the 
Act or Acts of Congress under which they have been or may 
be acquired, but : Provided, however, That none of said lands 



0^ th^ te;rritory o^ new mexico 243 

shall be leased for less than three percentum of their actual 
value as may be determined by said commissioner upon ap- 
praisement of said lands by special agents or otherwise as 
herein provided for, nor sold for less than the actual value 
thereof as so determined, and in no event shall such sale be 
for less than three ($3.00) dollars per acre, and. Provided, 
further', That the purchaser of land under the porvisions of 
this act, except in cases where this act prescribes cash pay- 
ment, shall enter into and sign a contract with the Territory to 
be signed by the commissioner of public lands on behalf of 
the Territory, and in a form to be prescribed by the commis- 
sionr and approved by the attorney-general, in which he shall 
covenant that he will make the payment of principal and in- 
terest when due, but, Provided, That all interest shall be com- 
puted from date contract is issued, and that he will pay all 
taxes and assessments that may be levied or assessed on such 
land, and that a failure to make the payments prescribed in 
such contract, and for six months thereafter, that he will, on 
demand of said commissioner surrender the said premises and 
upon such failure for six months all rights of the purchaser 
under said contract may, at the election of said commissioner 
of public lands, acting for the Territory, and without notice to 
said purchaser, be declared to be forfeited and when so de- 
clared forfeited the Territory shall be released from all obli- 
gations to convey said land. When the payments provided for 
in such contract as provided for in this act for land, stone, 
minerals or timber shall have been made in full, the commis- 
sioner of public lands shall make proper deed of conveyance 
to the purchaser, with the seal of his office attached thereto, 
but in no case shall final deed of conveyance be issued until 
after all of the purchaser's price and accrued interest has been 
paid. The contract provided for by this section shall be exe- 
cuted in duplicate, and one* copy shall be retained by the pur- 
chaser and the other shall be filed in the office of the commis- 
sioner of public lands. All contracts provided for herein shall 
be signed by the purchaser, and also by the commissioner of 
public lands, with the seal of his office attached thereto. The 
commissioner of public lands may, as he deems advisable, ex- 
tend the time for payment of principal and interest on con- 
tracts authorized in this section, and also Provided, That the 
Commissioner of public lands shall notify the purchaser of 
land in each instance when payment on his contract is overdue 
and that he is liable to forfeiture if payment is not made 
within six months from the time the same became due, unless 



244 COMPIIvATlON OF THE SCHOOIv I.AWS 

the time be extended by the commissioner on a satisfactory 
showing as herein provided, and Provided, further, That the 
Commissioner of PubHc Lands shall make no contract for 
sale of lands by payment as herein provided, for a longer term 
than thirty years, and such contracts shall provide for pay- 
ment of the principal in equal annual installments, payable on 
Occtober first of each year, with interest on deferred payments 
at the rate of five per centum, but when payments are overdue 
and unpaid, and also Provided, That all moneys which have 
been paid on such obligations or contract of the purchaser and 
not paid and declared forfeited by the commissioner as pro- 
vided for herein shall revert to the particular fund or purpose 
to which such obligation or contract pertains, and all such 
property so forfeited shall be resold under the provisions of 
this act or any future law which may be enacted, in the same 
manner and with like force as if such forfeiture had not taken 
place, but : Provided, hozvever. That if any purchaser shall 
die his heirs or legal representatives shall have one year in 
which to make the first payment thereafter, after the first day 
of October next after such death, and Provided, further. That 
all lands classed and known as timber lands, must be sold for 
cash, the full purchase price being paid at the time of the 
sale, and upon such payment being made a deed shall be issued 
such purchaser by the commissioner of public lands with the 
seal of his office attached on behalf of the Territory." 

Sec. 8. The commissioner of public lands is hereby au- 
thorized, in accordance with Sec. 39 of an act of congress 
entitled, "An Act Relative to Affairs in Territories," approved 
February in 1909, to sell and convey to the town of Portales, 
in the Territory of New Mexico, school section number thirty- 
six iQ township one south of range thirty-four east, New- 
Mexico principal meridian, the same to be sold upon such 
terms as said commissioner shall deem proper and the pro- 
ceeds received by the commissioner for the sale of such school 
section shall be paid to the Territorial treasurer and applied to 
the common school fund as other moneys are applied which 
are received from the leasing of school sections as now pro- 
vided by law. 

Sec. 9. Said school section shall be taken and handled 
by the town of Portales as trustee for the benefit of the com- 
mon schools of said town, and all moneys received from the 
leasing or sale of such school section or any part thereof, shall 
be applied for the benefit of said schools. " 



OF THE TERRITORY OE NEW MEXICO 245 

Whenever any act of congress authorizes the sale of any- 
particular school section or any part thereof upon which is 
iocated any cemetery or to be used for cemetery purposes, the 
commissioner of public lands is hereby authorized in accord- 
ance with the terms of such act of congress and for such price 
as he shall deem advisable, to sell and convey to any incorpo- 
rated village, town or city in this Territory such school sec- 
tion or part thereof to be used for such cemetery purposes. 

Sec. 10. All acts and parts of acts in conflict with this 
act, are hereby repealed and this act shall take effect and be in 
force from and after the date of its passage. 



CHAPTER 119. 



An Act to provide for the distribution and application 

OF MONEYS received BY THE TERRITORY OF NEW MEXICO 
FROM THE UNITED STATES GOVERNMENT AS ITS APPROPRI- 
ATION OF THE INCOME FROM FOREST RESERVES WITHIN 

THE SAID TERRITORY. C. B. No. 77 ; Approved March 18, 
1909. 



CONTENTS, 

Sec. 1. Act of Congress. Terms and conditions accepted by Territory. 

Sec. 2. Territorial Treasurer. Duty to transmit moneys to various 
counties entitled to same. 

Sec. 3. Disposition of funds by counties. Proviso. 

Sec. 4. OfEicers handling funds not entitled to compensation. Mis- 
application of funds. Penalty. 



Be it enacted by the Legislative Assembly of the' Territory of 
Neiv Mexico: 

Section 1. That the terms and conditions of the acts of 
Congress providing for the distribution among the states and 
territories of the United States of a portion of the revenues 
derived from forest reserves be, and the same are hereby 
accepted. 

Sec. 2. Immediately after the passage and approval of 



246 COMPUTATION OF "THE SCHOOIv I.AWS 

this act, the treasurer of the Territory of New Mexico shall 
transmit to the treasurers of the various counties in which 
forest reserves are situated, the proportion of money in his 
hands from the source herein mentioned which shall be due 
such county, such proportion to be based upon the number of 
acres of forest reserve in such county. 

Sec. 3. That such moneys shall be applied in the different 
counties to which the same is transmitted, one-half thereof to 
the credit of the General County School Fund and one-half to 
the credit of the County Road Fund: Provided-, That in the 
Counties of Socorro and Grant one-half of such moneys appor- 
tioned to said counties, shall be credited to the Territorial Road 
Fund instead of the County Road Fund, and shall be expended 
under the supervision of the Territorial Road Commission 
upon roads within such counties to which such funds may be 
apportioned. 

Provided, further, That the County Commissioners of any 
county desiring to co-operate with said Territorial Commission 
in the building of any public road* may cause a special levy of 
five mills upon each dollar of taxable property the proceeds of 
which may be made available, subject to expenditure under 
direction of said Territorial Road Commission. 

Sec. 4. No officer shall receive any compensation for the 
receipt, handling or disbursement of said funds, and any 
officer who shall apply said funds to any other purpose than 
the purpose mentioned herein and in the acts of Congress re- 
ferred to, shall forfeit treble the amount so misapplied and 
shall be immediately removed from office. 

Sec. 5. This act shall take effect and be in force from 
and after its passage. 



OF THE TERRITORY OE NEW MEXICO 247 

CHAPTER 121. 



An Act entitled ''an act to revise and systematize the 

SCHOOL laws of THE TERRITORY OF NEW MEXICO AND FOR 

OTHER PURPOSES." A. C. S. C. B. No. 109; Approved' 
March 18, 1909. 



CONTENTS. 

Sec. 1. Amends Sec. 1555 of the Compiled Laws of 1907, as amended 
by Chap. 39, Laws 1903. 

Amends Sec. 2, Chap. 28, Laws 1903. 
Amends Sec. 3, Chap. 48, Laws 1905. 
Amends Sec. 1, Chap. 97, Laws 1907. 
Amends Sec. 6, Chap. 97, Laws 1907. 
Amends Sec. 11, Chap. 97, Laws 1907. 
Amends Sec. 13, Chap. 97, Laws 1907. 
Amends Sec. 20, Chap. 97, Laws 1907. 
Amends Sec. 21, Chap. 97, Laws 1907. 

Amends Sec. 26, Chap. 97, Laws 1907. 

Amends Sec. 18, Chap. 97, Laws 19 07. 

Violation of act. Penalty. 



Sec. 


2. 


Sec. 


3. 


Sec. 


4. 


Sec. 


5. 


Sec. 


6. 


Sec. 


7. 


Sec. 


8. 


Sec. 


9. 


Sec. 


10 


Sec. 


11 


Sec. 


12 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico: 

Section 1. Section 1555 of the Compiled Laws of 1897, 
as amended by Chapter 39 of the Laws of 1903, is further 
amended by adding at the end thereof : "Provided, That the 
private or denominational school shall be equal in its teaching 
to the public school of the district; and Provided, further, 
That this section shall not apply to children who live more 
than three miles from a public school. 

Said Section 1555 is hereby further amended by substitut- 
ing for "at least three months in each year," in line seven of 
said section, the words, "during the entire time such school is 
in session in each scholastic year in their respective school 
communities." 

Sec. 2. Section 2 of Chapter 28 of the Laws of 1903 is 
hereby amended so that the first line will read : "The com- 
pilation, printing and distribution of the pamphlets." 

Sec. 3. Section 3 of Chapter 48 of the Law^ of 1905, is 



2i8 COMPUTATION OF THE SCHOOL LAWS 

hereby amended by substituting "Lincoln Day" for "Flag 
Day," in line 3. 

Sec. 4. The first sentence of Section 1 of Chapter' 97 of 
the Laws of 1907, entitled 'An Act to Revise and Systematize 
the School Laws of the Territory of New Mexico and for 
Other Purposes," is hereby amended so as to read as follows: 

"Organization and Compensation. — There shall be a Ter- 
ritorial Board of Education which shall consist of nine mem- 
bers : The Governor, the Superintendent of Public Instruc- 
tion, and seven members to be appointed by the Governor for 
the term of five years each; five of said seven appointed mem- 
bers to be selected from among the heads of the Territorial 
educational institutions, the president of St. Michael's College 
at Santa Fe, and the superintendents of schools in the four 
cities of the Territory ranking highest in population at the 
time of the appointment; and two of said seven to be citizens 
interested in public education who are not professional teach- 
ers, at least one of whom shall be at the time of his appoint- 
ment a county superintendent of schools, these latter two to be 
appointed during March, 1909." 

Sec. 5. Section 6 of said Chapter 97 of the Laws of 1907 
is hereby amended as follows : 

In line fifteen (15) after the word "attend" insert "at least 
two weeks of," and in line eighteen (18) after word "year" 
insert "teachers who hold a third grade county certificate or a 
permit to teach, and who have taught at least three months of 
school during the twelve months previous to the time of hold- 
ing any county institute, may, upon attendance upon a county 
institute for a full term of four weeks receive the sum of fif- 
teen dollars ($15) from the treasurer of the Territory, upon 
the' order of the Territorial Auditor of the funds arising from 
the rental or sale of the common school lands of the Territory, 
upon presenting to the Territorial Auditor a certificate from 
the county school superintendent of the county in which the 
institute is held, and signed by the institute conductor and the 
Territorial Superintendent of Public Instruction, certifying 
that said teacher had complied with the provisions of this act; 
and such teachers are also exempt from the institute fees 
otherwise required." And, in line fifty-three (53) after the 
word "purpose" insert "Provided, That in counties where an 
institute is held for a full term of four weeks the county treas- 
urer shall set aside at least fifty dollars ($50.00) more than 
that already provided for institute purposes." Said section is 



Olf THE TERRITORY OE NEW MEXICO 249 

further amended by adding at the close of said section the fol- 
lowing: "But the legitimate expenses incidental to conduct- 
ing examinations ordered by the Territorial Board of Educa- 
tion shall be considered as expenses incurred in connection 
with the teachers' institute: Provided, That the Territorial 
Board of Education shall have the power to waive the hold- 
ing of any county normal institute in counties where author-.- 
ized summer schools are held and in counties adjacent thereto." 
Sec. 6. Section 11 of said Chapter 97 of the Laws of 
1907, is hereby amended by adding the following paragraphs: 
"The superintendent of public instruction shall at the request 
of any county school superintendent or other school officer, 
give his opinion upon a written statement of the facts on any 
question or controversy arising out of the interpretation and 
construction of school laws and shall keep a record of all such 

decisions. 

Upon giving such opinion the superintendent may submit 
the statement of facts to the attorney general for his advice 
thereon. It shall be the duty of the attorney general forth- 
with, to examine such statements and suggest the proper de- 
cision to be made upon such facts." 

Sec. 7. Section 13 of Chapter 97 of the Laws of 1907, 
is hereby amended by substituting "Lincoln Day" for "Flag 
Day" in line one and line fourteen. 

Sec. 8. Section 20 of Chapter 97 of the Laws of 1907, 
is hereby amended by adding at the close of the section : Pro- 
vided, That the county school superintendent is herey author- 
ized to leave in the county school fund a sufficient amount to 
meet such warrants as may be legally drawn against this fund 
as elsewhere provided by law." 

Sec. 9. Section 21 of Chapter 97 of the Laws of 1907, 
is hereby amended by striking out the words "county treas- 
ury" in line four and inserting the words "general' school fund 
of the county" and by inserting in line twenty (20) after the 
expression "in counties of forty-three (43) rooms or more as 
aforesaid" the following: "and in all counties of the first class, 
as determined by the latest report of the Territorial traveling 
auditor." 

Sec. 10. Section 26 of Chapter 97 of the Laws of 1907 
is hereby amended by striking out all from the word "and" in 
line eighteen to "contract" in line twenty-four, inclusive. 

Sec. 11. Section 18, Chapter 97, Laws of 1907, is hereby 
amended by substituting "Territorial Board of Education" for 



250 COMPUTATION oif the; school laws 

the words "board of examiners of each county" in Hne fourteen 
thereof. 

Sec. 12. Any member of the Board of Education, county 
school superintendent, or other school officer who may violate 
the provisions of this act or other acts concerning their powers 
and duties in connection with school matters or who shall not 
♦faithfully perform all such duties imposed under and by virtue 
of the law shall, on conviction thereof, be fined in a sum not 
less than twenty-five dollars ($25.00) nor exceeding five hun- 
dred dollars ($500.00). 

Sec. 13. All acts and parts of acts in conflict with this 
act or any part of this act are hereby repealed and this act 
shall be. in full force and effect immediately ,upon its passage. 



CHAPTER 127. 



An Act providing funds and making appropriations for 
THS 61sT and 62nd fiscal years, and for other pur- 
poses. Con. S. C. S. H. B. Nos. 262 and 156; Approved 
March 18, 1909. 



CONTENTS. 

Sec. 2. Appropriations for Territorial Institutions. Regulating quali- 
fications for admission. Examination, etc. Training department 
in certain institutions, and regulating same. Appropriations for 
charitable institutions. Proviso. 

Sec. 5. Appropriation for Superintendent of Public Instruction, etc. 
Proviso. 

Sec. 8. Indigent students. Appointment, by members of Legislature, 
to Territorial institutions. Qualifications. Term. Regulations. 
Appropriation for. Money allowance to pay expenses. Payment 
of. Method. Surplus'. Auditor to levy tax. 

Sec. 13. Appropriation for casual deficiencies. Superintendent of 
Public Instruction, New Mexico Penitentiary. Miscellaneous, New 
Mexican Printing Co., I. L. Chaves. 

Sec. 14. Appropriations for outstanding deficiencies. New Mexico 
School of Mines. University of New Mexico. 



Be it enacted by the Legislative Assembly of the Territory of 
New Mexico: 
Sec. 2. For the support and maintenance of the Terri- 



Olf the: territory of new MEXICO 251 

torial institutions and for such purposes as the Board of Re- 
gents may determine there is hereby appropriated the follow- 
ing sums, to-wit : 
New Mexico College of Agriculture and Mechanic 

Arts $16,000.00 

New Mexico School of Mines 19,000.00 

The University of New Mexico 32,000.00 

New Mexico Normal School, Silver City, for pur- 
pose of constructing building for heating plant 2,500.00 

New Mexico Normal University 20,400.00 

New Mexico Mihtary Institute, Roswell 17,000.00 

Provided J That no pupil under twelve years of age shall be 
enrolled as a student in the above, named institutions unless 
such pupil is capable and qualified to pass a good examination 
in a course of studies similar to that prescribed by the Terri- 
torial Board of Education for pupils above the sixth grade of 
the public schools. 

Provided, further, That the provisions hereof shall not ap- 
ply to the New Mexico College of Agriculture and Mechanic 
Arts, the New Mexico School of Mines, the University of 
New Mexico, and the New Mexico Military Institute at Ros- 
well, but the Board of Regents of such institutions shall de- 
termine and fix the standard of requirements required for 
admission to such institutions. 

Provided, further, That in the case of the Normal School 
at Silver City,*and the Normal University at Las Vegas, they 
shall be authorized to conduct a preparatory school known as 
a "Training Department;" the number of such pupils in the 
preparatory department being limited to not exceed "twelve" 
in each grade. 

Provided, further, That the Board of Regents of the New 
Mexico Normal School at Silver City, and the New Mexico 
Normal University at East Las Vegas, shall pay the railroad 
fare in excess of seventy-five miles, both going to and return- 
ing from said institutions, of all persons who enroll in said 
normal schools with a view of preparing for teaching in the 
public schools of New Mexico : Provided, That such stu- 
dents shall be bona fide residents of New Mexico at the time of 
entering such institutions and shall be entitled to only one-half 
of such reimbursement on enrolling and the remainder of such 
reimbursement only on their return home after not less than 
eight weeiks of continuous attendance. The fare shall be paid 
but once each year and over the shortest possible route of 



252 COMPIIvATlON 01^ THE SCHOOIv IvAWS 

travel. A special sum shall be set aside by the Boards of Re- 
gents of said institutions to pay the railroad fare of such stu- 
dents from the annual appropriation for these institutions to 
be paid out in a manner already provided by law for the dis- 
bursement of such appropriation. 

Provided, further, That no such reimbursement shall be 
made unless the student shall sign a declaration of his intention 
to teach in the Territory of New Mexico, which declaration 
shall be filed in the office of the president of the institution. 

Provided, further, That $1,500.00 of the amount appro- 
priated for the New Mexico Normal School at Silver City and 
the New Mexico Normal University at Las Vegas shall be 
set apart and used as a special fund for the Board of Regents 
of each of said institutions for the payment of railroad fare as 
herein provided for. 

New Mexico Insane Asylum, Las Vegas $60,000.00 

Miners' Hospital, Raton 10,000.00 

Institute for the Blind, Alamogordo 10,000.00 

Deaf and Dumb Asylum, Santa Fe 10,000.00 

Spanish- American Normal School at El Rito.... 4,500.00 

Provided, That this appropriation is conditioned on there 
being at least twenty-five scholars attending said school dur- 
ing the first year of its operation. 

There is hereby appropriated for the Orphans' 

School at Santa Fe $10,000.00 

SUPERINTENDENT OE PUBEIC INSTRUCTION. 

Salary of Superintendent $ 3,000.00 

Salary of Assistant Superintendent 2,000.00 

Salary of clerk 1,500.00 

Salary of stenographer 900.00 

For traveling expense 1,500.00 

For office and contingent expense 1,800.00 

Expense incident to reading examination papers. . 1,200.00 

Printing and distribution of annual report 250.00 

Compilation, printing and distribution of special dav 

programs 150.00 

Printing and distribution, institute manuals 200.00 

Printing and distribution of common school course 

of study 250.00 

Plans and specifications for school houses " 500.00 

Provided, That the appropriations made for traveling ex- 
pense, office and contingent expense, expenses incident to 



01^ the: territory 01^ NEW MEXICO 263 

reading of examination papers, compilation, printing and 
distribution of special day programs, and printing and distri- 
bution of institute manuals, shall in like proportion apply to 
the balance of the sixtieth fiscal year. 

It is directed that the $250.00 appropriated for course of 
study, the $500.00 appropriated for school house plans and 
specifications, be made available for the sixtieth fiscal year and 
for that year only. 

Sec. 8. Each member of the 38th Legislative Assembly 
shall have the privilege of appointing for the term of four years 
from and after the date of such appointment, one indigent 
student to any one of the following named institutions, to be 
chosen by the student or by the parent or parents, or guar- 
dian, of any such student: The New Mexico College of 
Agriculture and Mechanic Arts, the New Mexico School of 
Mines, the University of New Mexico, the New Mexico Nor- 
mal School at Silver City, the New Mexico Normal Univer- 
sity at Las Vegas, or the New Mexico Military Institute at 
Roswell. Such students, so appointed, shall be not less than 
twelve nor more than twenty-one years of age. 

Such appointment shall, be made on or before the first day 
of September, 1909, and shall be in force and effect for said 
period of four years thereafter. 

Sych student shall be subject to the same rules, regulations 
and discipline as provided for other students of the institutions 
which they enter, under such appointments. 

The sum of seventy- two hundred dollars ($7200.00) per 
annum for four years, is hereby appropriated to pay the ex- 
penses of such students in the respective institutions to which 
they may be appointed under the provisions of this act for and 
during the said term, of four years. 

Two hundred dollars ($200.00) per school year is hereby, 
allowed to each of such students to pay actual and necessary 
expenses while in attendance at such institutions, and all such 
students so appointed shall receive board, lodging, matricula- 
tion, and tuition, without charge to them or to their parents or 
guardians ; they shall receive instruction in the regular courses 
taught in any such institution the same as other students 
therein. 

All actual and necessary expenses of such students, while 
in attendance at such institutions, shall be paid out by the 
president of any such instittuion, and the Treasurer thereof 
shall forward to the Auditor of the Territory the certificate 



254' COMPUTATION OPf THE SCHOOL LAWS 

of appointment of sueh students, which certificates . shall be 
vouchers for the sum of two hundred dollars ($200.00) for 
each such students, and upon receipt of such certificates, such 
Auditor shall draw his warrant on the Territorial Treasurer 
for such amount in favor of the treasurer of any such 
institution. 

The treasurer of any such institution shall pay out such 
money upon requisitions by the president of such institution 
and each of such requisitions by the president shall be accom- 
panied by receipted bills showing the proper expenditure of 
the amount previously drawn for any such student. All such 
requisitions together with such receipted bills, shall be filed 
and preserved in the records of the office of any such treasurer. 

Should any money remain in the hands of the treasurer of 
any such institution to the credit of any student appointed 
under the provisions of this act, after the term of his appoint- 
ment, shall have expired, it shall be returned to the Territorial 
Treasurer, and become a part of the fund appropriated for the 
expenses of such students at such institutions. 

In case any student appointed as herein provided fails to 
complete the four years' term, another may be appointed in 
lieu thereof by the same member of the 38th Legislative As- 
sembly for the unexpired portion of such term. 

The Territorial Auditor is hereby authorized and in- 
structed, during the years 1909, 1910. 1911 and 1912, to levy 
a tax on all the taxable property of the Territory sufficient to 
raise the amount hereinbefore appropriated as the expense 
fund for students so as aforesaid provided for to be appointed 
to free scholarships in the several institutions hereinbefore 
mentioned, and to certify the same at the time and in the 
manner required by law to the Boards of County Commis- 
sioners of the respective counties of the Territory. 

Sec. 13. For the payment of casual deficiencies incurred 
during the fifty-ninth and sixtieth fiscal years; providing for 
the payment of contracted obligations against the Territory 
for which no provision was made ; authorizing an issue of cer- 
tificates of indebtedness, and for other purposes. 

That there is hereby appropriated out of any funds in the 
hands of the Territorial Treasurer, excepting the interest 
fund, the following sum to pay the following deficiency 
claims : 

Provided, That the Territorial Auditor shall not make 
payments for any of the 'deficiency appropriations hereinafter 



Olf the: TI:RRIT0RY of new MEXICO 255 

made, except upon duly verified accounts therefor, and such 
accounts shall be approved by the heads of departments in 
which such deficiencies occurred. 

OFFICE OE SUPERINTENDENT OE PUBLIC INSTRUCTION. 

J. E. Clark $159.70 

Don Lusk 50.00 

Optic Printing- Company 52.25 

$ 261.95 

For the New Mexico School of Mines for the pur- 
pose of paying outstanding deficiencies $4,500.00 

For the purpose of paying casual deficiencies, and com- 
pleting payments on the construction and reconstruction of 
buildings on the campus of the University of New Mexico, 
there is hereby appropriated out of funds provided by this act, 
the sum of $22,628.43, twenty-two thousand six hundred 
twenty-eight and 43-100 dollars. 



256 COMPILATION 01^ THE SCHOOL LAWS 



YEARLY CALENDAR. 



For the convenience of County Superintendents and Boards 
of School Directors the following calendar of matters to be 
attended to during the year is appended : 

JANUARY. 

The first day of January is a legal holiday. Page 189. 

Term of office of County Superintendent to begin Janu- 
ary first. Page 209. 

On or before the first Monday all fines collected for viola- 
tion of the penal laws shall be turned into the county treasury. 
Sec. 1548. Page 67. 

On or before the third Monday the County Superintend- 
ent shall apportion the school funds. Sec. 20, Chap. XCVIL, 
Laws 1907, p. 210. 

I^EBRUARY. 

On first Monday school district clerks shall post at least 
four copies of the list of persons in the district liable to pay 
poll tax. Sec. 1550. Page 71. 

- The 12th day of February (Lincoln's birthday) may be 
observed by the schools as a legal holiday. Sec. 20, Chap. 
CXIX., Laws 1903, p. 189. 

The 22nd day of February (Washington's birthday) may 
be observed by the schools a legal holiday. Sec. 1, Chap. 
XLVIIL, Laws 1905. Page 189. 

On or before January first, the Territorial Superintendent 
of Public Instruction shall classify the counties as a basis for 
fixing the salaries of the County Superintendents. Sec. 20, 
Chap. XCVIL, Laws 1907, p. 211. 

MARCH. 

On or before first Monday the Territorial Treasurer shall 
make a complete exhibit of all moneys- available for school 



OF the; territory of new mexico 257 

purposes and shall deliver the same to the Superintendent of 
Public Instruction, who shall, within twenty days thereafter 
make apportionment of said moneys to the various counties. 
Sec. 29, Chap. LXXIV., Laws 1899. Page 145. 

On second Monday School Directors shall post notices of 
election for school directors to be held by them on first Mon- 
day in April. Sec. 1532 (As amended). Page 61. 

On or before the third Monday the County Treasurer shall 
notify County Superintendent of all funds available for school 
purposes. Sec. 1548. Page 67. 

APRIL. 

On first Monday election of school directors is held. 
Page 61. 

On or before the first Monday all fines collected for the 
violation of penal laws to be turned into the County Treasury 
to be used as county school fund. Sec. 1548. Page 67. 

On or before the first Monday school district clerks shall 
report to County Clerk list of persons liable to poll tax, and 
to County Superintendent amount of poll tax collected, etc. 
Sec. 1550. Page 69. 

On the first Tuesday is held the election for members 
of the city boards of education. Sec. 2-3, Chap. IX., Laws 
1903. Page 173. 

On the third Monday County School Superintendents 
shall apportion school funds. Sec. 20, Chap. XCVIL, Laws 
1907, p. 210. 

MAY. 

On first Monday term of office of school directors begins. 
Sec. 1532, Sec. 2, Chap. LV., Laws 1901. Page 61. 

On or before the first Monday school directors shall make 
estimate far tax levy. Sec. 25, Chap. XCVII., Laws 1907, 
p. 214. ' 

On or before first Monday oath of office of school direc- 
tors shall be filed with County Superintendent. Sec. 1532. 
Page 61. 

On or before the first of May the Territorial Auditor shall 
levy a three (3) mill tax on all taxable property in the terri- 
tory for school purposes. Sec. 25, Chap. XCVIL, Laws 1907. 
Page 214. 



258 COMPILATION OF THE SCHOOIv LAWS 



JUNE. 

On or before the third Monday the County Treasurer 
shall notify the County Superintendent of all funds available 
for school purposes. Sec. 1548. Page 67. 

On or before the first Monday the Territorial Treasurer 
shall make an exhibit of all moneys applicable to the use of 
and support of the public schools of the territory. Sec. 29, 
Chap. LXXIV., Laws 1899. Page 145. 

The scholastic year ends June 15th; statistical reports 
from school directors, secretaries and clerks shall be filed in 
the office of the County Superintendent within ten davs there- 
after. Sec. 24, Chap. XCVIL, Laws 1907. Page 213. 

JULY 

On or before the first Monday all fines collected for the 
violation of the penal laws shall be tilrned into the County 
Treasury to be used as county school fund. Sec. 1548. 
Page 67. 

. The fourth clay of the month is a legal holiday. Page 189. 

On or before the third Monday the County vSuperintend- 
ent shall apportion the school funds. Sec. 20. Chap. XCVIL, 
Laws 1907. Page 210. 

On or before the fifteenth of the month, statistical reports 
of County Superintendents shall be filed in the office of the 
Territorial Superintendent of Public Instruction. Sec. 24, 
Chap. XCVIL, Laws 1907. Page 213. 

AUGUST. 

On or before the first day the city boards of education 
shall levy a tax for the support of schools. Sec. 1577. Page 77'. 

On the first Saturday County Superintendents are re- 
quired to be in attendance at County Seat for the transaction 
of official business. Sec. 11, Chap. CXIX., Laws 1903. 
Page 187. 

On or before the fifteenth of the month, the Territorial 



OF THE TERRITORY OF NFW MEXICO 259 

Superintendent of Public Instruction shall make an annual 
report to the Governor. Page 214. 

SEPTEMBER. 

On or before the first of September school directors shall 
make enumeration of all unmarried persons between the ages 
of five and twenty-one. Sec. 1, Chap. XXIII., Laws 1905. 
Page 190. 

On or before the first Monday the Territorial Treasurer 
shall make a- complete exhibit of all moneys applicable to the 
support of the common schools and shall deliver the same to 
the Superintendent of Public Instruction. Sec. 29, Chap. 
LXXIV., Laws 1899. Page 145. 

On first Saturday County Superintendents shall be at 
County Seat for the transaction of official business. Sec. 11, 
Chap. CXIX., Laws 1903. Page 187. 

On or before the third Monday the County Treasurers 
shall notfy County Superintendents of all moneys available 
for school'purposes. Sec. 1548. Page 67. 

OCTOBER. 

On or before the first Monday all fines collected from the 
violation of the penal laws shall be turned into the treasury 
to be used as county school fund. Sec. 1548. Page 67. 

On first Saturday County Superintendents shall be at 
County Seat for the transaction of official business. Sec. 11, 
Chap. CXIX., Laws 1903. Page 187. 

On third Monday the County Superintendents shall ap- 
portion the school funds. Sec. 20, Chap. XCVIL, Laws 1907. 
Page 210. 

NOVEMBER. 

On first Saturday County Superintendents shall be in 
attendance at County Seats for the transaction of official 
business. Sec. 11, Chap. CXIX., Laws 1903. Page 187. 

DECEMBER. 

On or before first Monday the Territorial Treasurer shall 
make a complete exhibit of all moneys applicable to the support 



260 COMPILATION OF THE, SCHOOL LAWS 

of the common schools and shall deliver the same to the Su- 
perintendent of Public Instruction. Sec. 29, Chap. LXXIV., 
Laws 1899. Page 145. 

On or before the third Monday the County Treasurer shall 
notify the County Superintendent of all funds available for 
school purposes. Sec. 1548. Page 67. 

The 25th day of December is a legal holiday. Page 189. 



Note. — All days designated by the proclamation of the 
Governor as fast or thanksgiving days may be observed by 
the schools as legal holidays. Sec. 20, Chap. CXIX., Laws 
1903. Page 189. 



INDEX 263 



INDEX 

A 



4142 


99 


4143 


99 


4142 


99 



Laws. Chap. Sec. Page. 

AGENTS — 

Occupation Tax — 

Collection 1897 

Insurance 1897 

Real Estate 1897 

ADDITIONAL TAX — XSee Tax). 

ADJACENT TERRITORY — 

May be attached to municipality for 

school purposes 1897 1563 73 

When equal to a ward of the muni- 
cipality may elect two members to 
the board of education 1897 1563 73 

AGRICULTURAL COLLEGE — 

Board of Regents, control vested in. 1897 

Appointment and term of 1897 

Body corporate to be 18 97 

Duties and powers of 1897 

" 1897 

" 1897 

" 1897 

" 1897 

May remove officers 1897 

Organization of board 1897 

Qualification Qf members of 1897 

Vacancies in, how filled 1897 

When and where to organize. . . .1897 
Congressional grant, acceptance of. 1897 

Creation of 1897 

Curriculum of 1897 

Erection of Buildings 1897 

1897 

1897 

1897 

1897 

Experiment Station, location of.... 1897 



3553 


105 


3553 


105 


3554 


106 


3555 


106 


3556 


106 


3557 


107 


3560 


108 


3567 


109 


3560 


108 


3554 


106 


3553 


105 


3553 


105 


3554 


105 


3567a 


109 


3551 


104 


3553 


105 


3556 


106 


3557 


107 


3562 


108 


3566 


108 


3631 


109 


3557 


107 



3560 


108 


3557 


107 


3565 


108 


3551 


104 


3560 


108 


3552 


105 


3554 


105 


3574 


109 


3575 


109 


1-3 


160 


18 


188 


7 


145 



264 iND^x 

Laws. Chap. Sec. Page. 

Faculty, duties of 1897 

Land for, to be donated 1897 

Land for, to be donated 1897 

Loeation of 1897 

Management of 1897 

Non-sectarian, to be 1897 

Officers of, selection of, duties 1897 

Officers of, selection of, duties 1897 

Officers of, selection of, duties 1897 

Records and itemized accounts. ... 1901 98 

Report to Governor and Superin- 
tendent of Public Instruction. ... 1903 119 

Separate accounts of money from 

school lands 1899 74 

ALCOHOLIC DRINKS AND NARCOTICS — 

Special Instruction in Territorial 

Schools, U. S.^ Statutes 362 1 4 

School officer to enforce provisions 

for instruction in U. S. Statutes. .36 2 4 5 

Penalty for failing to enforce in- 
struction in U. S. Statutes 362 2 6 

Teachers to be examined in Physi- 
ology and Hygiene with special 
reference to sistemic effects of 
U. S. Statutes , 362 3 5 

APPEAL — 

From decision of county superintend- 
ent concerning changes in district 
to county commissioners 1907 97 22 213 

Tubercular teachers may appeal to 

Board of Health 1903 92 1 156 

APPORTIONMENT — (See School Funds). 

APPRAISEMENT — 

Of lands conveyed to Board of Edu- 
cation of school districts 1897 1602-1611 83 

New, of parcels of land to be sold by 
boards of education of school dis- 
tricts 1897 1607 84 

Of school sections or other terri- 
torial lands when valuable for 
manufacturing and townsite pur- 
poses. Lands to be sold or leased. 1907 104 39 218 

APPRAISERS — 

Boards of Education to appoint. . . .1897 ' 1602 83 



1611 


85 


1603 


83 


1604 


84 


1607 


84 


1609 


85 


1608 


85 


1605 


84 


1610 


85 


1606 


85 


1602 


S3 



INDEX 265 

Laws. Chap. Sec. Page. 

Deeds, how executed 1897 

Duty,"of 1897 

Lots not to be sold for less than ap- 
praisement 1897 

New appraisement 1897 

Persons having improved may pur- 
chase 1897 

Proceeds of sale, how applied 1897 

Public sale advertised 1897 

Purchase to pay certain expenses. . 1897 

Sale may be continued 1897 

To be appointed 1897 

APPRENTICED CHILDREN — 

To to be given at least three months 

of school annually 1897 1479 56 

APPRENTICESHIP — 

Guardian to choose masters for ap- 
prentices under ten years of age. .1897 1481 57 

Parents may apprentice minor child- 
ren 1897 1485 57 

Persons to whom child is appren- 
ticed to give bond to properly 
clothe, treat and instruct child. ..1897 1473 56 

Probate Clerk to apprentice child- 
ren of parents unable or neglect- 
ing to suport and educate them. .1897 

Probate Court to hear and deter- 
mine complaints of apprentices. . 1897 

Provisions for education of children 
apprenticed by parents 1897 

APPROPRIATION FOR INDIGENT STUDENTS — 

At Territorial Educational Institu- * 

tions 1907 89 29-36 141 

At Territorial Educational Institu- 
tions.. 1909 127 8 253 

APPROPRIATIONS FOR — 

61st and 6 2nd Fiscal Years 1909 127 250 

Charitable Institutions 1909 127 2 251 

Educational Institutions 1909 127 2 251 

Deficiencies 1909 127 13 254 

Indigent students at institutions. .1909 127 8 263. 
Superintendent of Public Instruc- 
tion 1909 127 6 254 



1482 


57 


1485 


57 


1484 


57 



29 


145 


3676 


135 


1 


130 


3 


131 


3 





25 


214 


1 


160 


1625a 


88 


1625a 


88 


1625a 


88 


lB25a 


88 



266 inde;x 

Laws. Chap. Sec. Page. 

AUDITOR— 

Apportionment of school funds. ... 1899 64 

Deaf and Dumb School, duty of as to.l89 7 

Military Institute, to countersign 

bonds 1901 6 

Tax levy for bond deficiency 1901 6 

Levy tax for Orphan Home at Belen.1903 6 

Levy tax to reimburse subscribers 
for completion of buildings of Las 
Vegas Normal University 1899 18 7 124 

Levy territorial tax for school pur- 
poses 1907 97 

Territorial Institutions to account to. 1901 9 8 

AKBOR DAY — 

Day set apart as 1 8 9 7 

Governor to issue proclamation .... 1897 

How designate^, proclamation 18 97 

To be public holiday 1897 

ARCHAEOLOGICAlj SCHOOL — (See Museum). 

ASSESSMENT OF TAXES — (See Taxes). 

ASSESSOR — (See County Assessor). 

ASSISTANT SUPT. OF PUBLIC INSTRUCTION — 

Appointment, salary, section (An- 
. nulled by appropriation bill) 
which makes the governor the ap- 
pointing power 1907 97 16 208 

ASSOCIATIONS, INDUSTRIAL OR BENEVO- 
LENT — (See Corporations). 

ATTENDANCE, COMPULSORY — (See 

Compulsory Attendance). 
ATTENDANCE, SCHOOL— 

Actual residents permitted to attend 

regardless of race or nationality. .1897 1550 71 

ATTORNEY — (See District Attorney). 

B 

BALANCES — 

Due county to be turned into county 

treasury 1897 684 40 

BAWDY HOUSES — 

Location with reference to schools, 

colleges, etc 1901 84 1-8 164 



INDEX 267 

Laws. Chap. Sec. Page, 

BLANKS — 

Superintendent of Public Instruction 

to prepare and distribute 1907 97 13 208 

BOARD OF APPRAISERS— i (See Appraisers). 

BOARD OF EDUCATION, cities and 

towns (see Cities and Towns). 
BOARD OF EDUCATION, TERRITORIAL— 

Certificates, county to issue 1907 97 3 201 

Certificates, Territorial to issue and 

endorse certificates from other 

states and to grant county first 

grade to graduates of St. Michael's 

College 1907 97 4 202 

Certificates, empowered to revoke of 

teachers or institute instructors. . 1907 97 7 205 

County Superintendent, to approve 

qualification of, L. '07, C. 97, Sec. 

18 A. 1909 121 11 250 

General Powers, grant, renew and 

revoke certificates, adopt text 

books and course of study, control 

institutes and other duties 1907 97 2 201 

Organization and Compensation, Ap- 
pointment. Place and time of 

meeting, L. '07, C. 97, Sec. 1. . .A. 1909 121 4 248 

Supt. of Public Instruction to be 

secretary of. Copy of record re- 
ceived as evidence in courts 1907 97 15 208 

Text Books, empowered to adopt 

and approve supplementary books. 190 7 9 7 9 205 

BOARDS OF DIRECTORS — (See Directors). 
BOARDS OF REGENTS — 

Health certificates to require of in- 
structors 1901 43 2-3 154 

Improvements, " to expend money 

from lands for . 1905 72 1 193 

Reports to make to Supt. of Public 

Instruction 1905 72 2 193 

BOARD OF TRUSTEES — 

Property, may -transfer to school 

districts 1897 1600 82 

BOND — 

To be filed, if duplicate is issued for 

lost warrant, check, etc 1897 400 33 



1 


162 


1588 


81 


1 


162 


3 


162 



268 INDEX 

Laws. Chap. Sec. Page. 

Required of County Treasurer as 
Treasurer of School fund, Supt. of 
Public Instruction to approve. ... 1897 , 1538 64 

BONDS, CITY OR TOWN— 

Cities and Towns may refund out- 
standing bonds 1901 103 

Coupons to be paid promptly. How 
cancelled 1897 

Issued for school purposes validated 

and legalized 1901 103 

Manner of issuing and refunding 

bonds 1901 103 

BONDS — 

Assessor to make assessment of dis- 
trict after boundaries are estab- 
lished 1897 1547 66 

Boards of directors and boards of 
education authorized to issue for 
refunding 1899 58 26 144 

By whom executed. What they shall 

specify 1897 1386 80 

County Commissioners to examine 
into sufficiency of county officers' 
bonds 1897 687 41 

Election may be ordered by board of 
education for purchasing site and 
building school house. Terms of 
bonds 1897 1584 79 

Forfeitures or recoveries on bonds 
to go to school fund 1897 

Form — Funding Act, 1893 1897 

Issue to satisfy warrant holders ob- 
taining judgment. Funding Act 
1893 1897 

Issue of for payment of indebted- 
ness 1897 1897 

Issue of for payment of indebted- 
ness 1897 1897 

Issue on or before August 1, 1905, 
to pay indebtedness , . . 1905 

Issue in 1905. Rate of interest. Ma- 
turity. How signed 1905 

Issue in the sum of $500,000 to be 
expended for building and equip- 
ping school houses 1909 7 1 224 





1584 


67 




323 


26 




323 


26 




1 






290 


17 




379 


30 


74 


2 


194 


74 


3 


194 



INDEX 269 

Laws. Chap. , Sec. Page. 

Issue for school building to be or- 
dered by couny superintendent - 

upon petition 1899 46 

Issue to be determined by qualified 

voters 1897 

Mayor to call election for. How 

canceled. Returns to Board of 

Education . . '. 1897 

Method of cancelling bonds issued 

for 1897 indebtedness 1897 42 

Not to be issued until boundaries of 

school district have been estab- 
lished .1897 

Of 1905. County Commissioners to 

levy tax for interest. Redemption. 1905 74 
Provisions for Redemption in City 

and Town 1897 

School directors to issue bonds for 

School purposes 1897 

To be attested by clerk. Old bonds 

to be destroyed 1899 58 

To be registered by clerk of boards 

of education 1897 

BONDS ISSUED IN LIEU OF EXE- 
CUTION IN 1897— (See Indebted- 
ness to be determined on the first 
Monday in May, 1897). 

BONDS, TERRITORIALi COMMON SCHOOL — 

Governor, Secretary and Supt. of 
Public Instruction to constitute 
board for managing 1909 7 10 227 

BOOKS^— 

Territorial Board to adopt 1907 97 9 205 

To be purchased for indigent child- 
ren 1897 1555 70 

BOUNDARIES — 

To be established before Bonds can 

be issued 1897 1545 66 

BOUNDARY LINES — 

Of School District to be located by 

county surveyor 1907 97 23 213 

How changed 1907 97 22 212 



1 


140 


1542 


65 


1585 


80 


298 


20 


1545 


66 


4 


195 


1587 


80 


1541 


65 


26 


144 


1590 


81 



1 


190 


1535 


63 


1535 


63 


1 


190 


2 


190 



270 IND^X 

Laws. Chap. Sec. Page. 

BUILDING SCHOOL HOUSE— 

Territorial Common School Bonds 

issued for 1909 7 11 227 

(See also: Bonds, School Houses, Tax). 

BURNING SCHOOL HOUSES— (See 
Crimes and Offenses). 

c 

CANCELLATION OF BONDS — (See Bonds). 

CEMETERY — 

School sections may be sold for. . . .1909 106 9 244 

CENSUS— 

Compensation for taking 1905 23 

Date of taking 1897 

Of school children, by directors. . . .1897 

By clerk of city board 1905 23 

Penalty for false enumeration 1905 23 

CERTIFICATES, TERRITORIAL — 

To be issued by the Territorial 

Board 1907 -97 4 202 

CERTIFICATES— 

Teachers' county to be issued by 
Territorial Board of Education. 
Grading. Compensation of Read- 
ers. Grade of certificates. Re- 
newals 1907 97 3 201 

Teachers' and Institute Instructors' 
may be revoked by Territorial 
Board of Education 1907 97 7 205 

CHARITABLE CORPORATIONS — 

May not acquire more than $50,0.00 
worth of real estate. U. S. Re- 
vised Statutes " 1890 8 

CHILDREN OF SCHOOL AGE — 

Between 5 and 21 to be enumerated . 1905 23 1 190 

To be sent to public schools, unless 
attending denominational or pri- 
vate schools or unless they reside 
more than three miles from public 
school 1897 - 1555 70 



1563 


72 


1580 


78 


1555 


70 


1590 


81 


1576 


77 



INDEX 271 

Laws. Chap. Sec. Page. 

CHILDREN, MINOR — 

Provision for support and education.1897 2055 93 

CHILDREN— 

Of habitual drunkard to be educated 
from income and principal of said 
drunkard by committee 1897 1911 92 

CITIES AND TOWNS — 

Boards of Education — 

Adjacent property may be at- 
tached to municipality for 
school purposes 1897 

Annual report 1897 

Attendance, empowered to compel.1897 

Bonds, Clerk to register 1897 

I Bond 1897 

Bonds, election for term. How 
cancelled. Returns. By whom 
executed. What they shall spe- 
cify. Sinking Fund 1897 1584-1590 79 

Bonds issued for school purposes. 
Validated and legalized. Cities 
and towns may refund. Man- 
ner of issuing 1901 103 1-3 162 

Clerk of 1897 1575 77 

Collection, for current year when 
insufficient. Fees, Salaries to 
be reduced. Indebtedness to be . 
pro rated 1897 

Compulsory school attendance. 
Penalty, L. 1897, Sec. 1555.. A. 1909 

Condemnation of land 1897 

Corporation may hold real estate. 18 97 

Current year to begin 1st of Sep- 
tember 1897 304 23 

Debts, unlawful to contract which 
cannot be paid out of funds col- 
lected for current year. Penalty.1897 299 21 

Debts contracted up to August 1, 
1905, bj'^ Boards made binding. 
Bonds for covering indebtedness. 
Denomination. Interest. County 
Conimissioners to levy tax. Re- 
demption 1905 74 * 1-4 194 

Elected, how 1897 1567 75 



300-301 


21 


1553 


69 


1564 


74 



272 iNDBx 

Laws. Chap. Sec. Page. 

Exemptions from tax for school 

purposes 1897 1560 71 

Exemptions from taxation, head 

of family 1901 95 8 159 

Expenditures. Limitations 1897 1581 78 

Fine, any member liable to for re- 
fusing to receive pupils on ac- 
count of race or nationality ...1897 1556 71 

Fines for giving or selling liquors 
or tobacco to minors or allow- 
ing them to loiter about places 
where liquor or tobacco is sold, 
to go to county school fund. . . .1901 3 1-6 148 

Flag Day, program furnished by 

Supt. of Public Instruction 1907 97 

Flags, to provide 1905 48 

Flags, shall cause to be displayed. 19 05 48 

Gambling, prohibited when effect- 
ive 1907 64 

Graded school system to be organ- 
ized and maintained 1897 

Health certificates, to require of 

instructors 1901 43 

High School, may be established. .1897 

HoUday, legally defined 1903 119 

Indebtedness to be refunded. 
Bonds and interest coupons, 
how attested. Form of bonds. .1899 58 13, 26 144 

Indigent pupils, may buy books 

for. Proviso 1897 1555 70 

Institutes, special may be held... 1901 27 3 151 

Land, unsold parcels to be deeded 

to 1897 1601 82 

Land, when conveyed, to be ap- 
praised. Money how applied. 
Persons having improved may 
purchase. Deeds 1897 1602-1611 83 

Licenses, accruing to county school 
-fund 1897 4125-4153 97 

May attach adjacent territory to 
municipality for school pur- 
poses 1897 1568 72 

May buy and sell land on appraise- 
ment — (see appraisers). 

Ma5'' exclude children between five 

and seven years of age 1897 1562 72 



13 


208 


1 


191 


2 


191 


1-6 


196 


1569 


76 


2-3 


154 


1569 


76 


20 


189 



12 


250 


61 


68 


1-3 


197 


1560 


71 


1579 


82 



INDEX 273 

Laws. Chap. Sec. Page. 

Non-resident pupils may be ad- 
mitted. Tuifion. School tax 
paid to be credited 1907 97 29 216 

Obstruction of streets, illegal. Pen- 
alty. Fine to go to county 
school fund 1897 2677-2678 95 

Of the city of Santa Fe — (See 
Santa Fe). 

Penalty for failure of any member 

to perform duties 1909 121 

Poll tax, L. 1897, S. 1549-1550. .A. 1905 

Poll tax, collection facilitated by 

having employers furnish lists. .1907 96 

Property, exempt from taxation .. 1 8 9 7 

Property, transfer of ratified 1897 

Property, to be transferred to 

school district 1897 1600 82 

Unsold parcels of land to be deed- 
ed to Board of Education 18 97 

Qualification of members 18 97 

Real Estate, may be acquire J . . . .1897 

Regular meetings 1897 

Report, principals and superin- 
tendent to make to county su- 
perintendent ...1903 119 8 186 

Reports, statistical to be filed with 
county superintendent by clerk 
on or before July 15 1907 97 24 213 

Reports, to be made annually, 

printed and distributed 1897 1580 78 

Reports, clerks to make to county 

superintendent June 2 5th 1907 97 24 213 

School Day and Month, definition 

of 1897 1557 71 

School Fund, Temporary. Pro- 
ceeds of interstate estates, for- 
feitures, fines, lost goods, or 
estrays, liquor licenses, to be 
paid to county treasurer for 
county fund 1897 1548 67 

School house, to provide and keep 
in repair. Levies for the pur- 
pose .1907 97 25 214 

School Property exempt from tax- 
ation 1897 1583 79 

Schools to be free to all children 
and to be kept open three 



1601 


83 


1567 


75 


1552 


69 


1579 


78 



Sec. 


Page. 


1562 


72 


1582 


79 


29, 31 


184 


3 


151 


3 


151 


25 


214 


1.587 


80 


1578 


78 



274 iNDKx 

Laws. Chap. 

months. Exceptions 1897 

Sectarian Doctrines not to be 
taught 1897 

Smallpox, duty of board of educa- 
tion 1903 103 

Superintendent, to employ. Insti- 
tutes, to hold. Taxes, to levy. . .1901 27 

Tax for school purposes 1901 27 

Tax levied for school purposes. . .1907 97 

Tax levy for interest on bonds and 
sinking fund. Proviso 1897 

Taxable property of whole city or 
town subject to taxation 18 9 7 

Teachers entitled to full pay. 
Holidays. Penalty of school of- 
ficers for violation L. '07, Chap. 
97, Sec. 26 A. 1909 121 10 250 

Teachers to .be paid monthly un- 
less funds are not available. ...1901 57 1 158 

Term of office, extension of. Date 

of next election 1903 9 2 173 

Election of city officers, members 

of board of education 1903 9 3 173 

Text books, uniform adopted by 
Territorial Board of Education 
to be used in first eight grades. 
Penalty 1907 97 9 205 

To ascertain and pass upon in- 
debtedness on first Monday in 
May, 1897, and issue bonds in 
lieu of execution 1897 

To be bodies corporate 1897 

Treasurer to publish notice of suf- 
ficient funds to redeem bonds 
for 1897 indebtedness 1897 42 

Tuition, non-residents to pay. Re- 
striction 1907 97 

Unlawful for town or city officials 
to buy, sell, or speculate in evi- 
dence of indebtedness. Penalty. 18 97 

Vaccination, duty in regard to... 19 03 103 

Vaccination, to enforce in cities.. 1901 17 

Regular and Special meetings. .. 189 7 

Contracts to be let to lowest bid- 
ders 1897 1581 78 

Sectarian doctrines not to be 
'taught 1897 " 1582 78 



285-306 


13 


1564 


74 


296 


19 


29 


216 


406-408 


35 


29 


184 


26 


150 


1579 


78 



INDEX 275 

Laws. Chap. Sec. Page. 

Treasurer of city or town to be 

treasurer of board of education. 

Bond 1897 

Pay, not to receive .1897 

President, duties of .1897 

Vice-President, duties of 1897 

Clerk, duties of 1897 

Clerk's bond 1897 

Tax, may levy additional 189 7 

Tax to be paid in money 1897 

Bonds, election may be ordered 

for issuing 1897 

Mayor to call election for 1897 

Bonds, how signed 1897 

Coupons, how paid 1897 

School fund pledged for payment 

of coupons on bonds 1891 

Bonds to be registered 1897 

Officers to take oath and give 

bonds 1897 

Transfers of school property 1897 

Real estate, may hold 1897 

Deeds, how executed 1897 

Boards, how elected 1897 

Vacancies 1897 

General Powers 1897 

CLASSIFICATION OF COUNTIES — 

Determining county superintendent's 

salary, L. 1905, C. 60, Sec. 5. . .A. 1907 97 21 211 

Classification of counties .1905 60 1 192 

CIjERK — PROBATE — (See Probate Clerk). 

CLERKS — School Board — 

Collect and report poll tax 1897 

Duties of 1897 

Give Bond 1897 

Publish compulsory education act.. .1897 

Register warrants 1897 

Register bond issue 1897 

Report deaf and dumb persons 1899 42 

Report to County Superintendent. . .18 97 

COLLECTIONS FOR CURRENT YEAR — 

Not to be used to pay debts con- 
tracted the previous year or years. 189 7 42 299 21 



1571 


76 


1572 


77 


1573 


77 


1574 


77 


1575 


77 


1576 


77 


1577 


77 


1578 


78 


1584 


79 


1585 


80 


1586 


80 


1588 


81 


1589 


81 


1590 


81 


1591 


81 


1592 


82 


1565 


74 


1560 


75 


1567 


75 


1568 


76 


1569 


76 



1549, 


1550 


68 




1575 


77 


1575, 


1591 


77, 81 




1555 


69 




1590 


81 




1590 


81 




4 


139 


1535, 


1550 


63, 6.9 



276 INDEX 

Laws. Chap. Sec. Page. 

COMMON LANDS — See Lands, Common). 

COMMON SCHOOLS — (See Schools). 

COMMISSIONER OF PUBLIC LANDS — 

To receive and pass upon all applica- 
tions for leasing or purchasing 
territorial lands and timber 1909 106 3 241 

May sell or lease school sections or 
other territorial lands when valu- 
able for manufacturing and town- 
site purposes 1907 104 39 218 

COMMISSIONERS — (See Countj^ Commissioners). 

COMPILATION — (See School Laws). 

COMPULSORY SCHOOL ATTENDANCE— 

Directors and Boards of Education 
to compel parents, guardians, etc., 
to send children to public schools. 
Proviso. Violations to be brought 
before grand jury. Penalty. Fine 
to go to school district, L. 18 97, 
Sec. 1555 A. 1909 121 1 247 

CONTRACTS OF INDEBTEDNESS — 

(See Indebtedness). 

CONTRACTOR — 

May receive bonds in payment for 

building school house ' 1897 1542 65 

CORPORATIONS — 

Clerk of organization to make record 
of meetings and certify sar^e to 
Probate Clerk for record 18 97 

Copy of by-laws to be filed with 
Territorial Secretary 1897 

Corporations to then have usual cor- 
porate powers and privileges 18 97 

Organization of literary, scientific 
and other societies 1897 

Organizers to be body corporate. . . .18 9 7 

Provisions for organizing corpora- 
tions for religious or charitable 
purposes 1897 . 462 38 



458 


39 


465 


39 


.464 


39 


457 


36 


463 


39 



459 


37 


460 


38 


461 


38 



inde:x 277 

Laws. Chap. Sec. Page. 

Real Estate of corporation not to 
be sold or mortgaged without con- 
sent of the supreme court 1897 466 39 

Trustees or directors to have per- 
petual succession 1897 

Society" may elect officers and make 
by-laws 1897 

Vacancies in Boards of Trustees or 
directors 1897 

CORPORATIONS OR INDIVIDUALS — 

Special legislation forbidden in 
granting exclusive privileges to U. 
S. Statutes ; 818 1 6 

COST OF SUIT— (See Suit). \ 

COUNTIES — 

Classified and county superintend- 
ent's salaries filed, L. '05, C. 60, 
Sec. 1, 5 A. 1909 

Shall not incur debts aggregating ^ 

more than 4 per cent of value of 
taxable property. U. S. Statutes.. 818 i , 7 

COUNTY ASSESSOR— 

Duties as to tax levies 1897 15 47-1549 66 

Duties as to licenses 1897 4147 100 

Shall provide directors with copies 

of taxable property in district. .1897 1547 66 

COUNTY CERTIFICATES- (See Cer- 
tificates). 

COUNTY CLERK — 

To receive duplicate receipt from of- 
ficers collecting fines which go to 
school funds 1897 1548 67 

To receive list of persons liable to 
poll tax on or before first Monday 
in April 1897 1550 69 

COUNTY COLLECTOR — 

To keep account of special levies. ..1897 1540 64 

To pay over money collected within 

thirty days after the tenth of the 

month in which collection is ma.de.lS97 1539 64 



278 INDEX 

Laws. Chap. Sec. Page. 

COUNTY coaianssioNERS — 

Appoint Indigent students 1907 89 29-36 

Appoint Indigent Students 1909 127 8 253 

County Commissioners to examine 
into sufficiency of county officers' 
bond and to require new bonds 
when necessary 1897 687 .41 

May appoint county superintendent, 
in the absence of any one properly 
qualified, upon nomination of Ter- 
ritorial Board of Education 1907 97 18 209 

May remove from office persons who 
fail to make statements as re- 
quired, of accounts 1897 60 • 12 43 

Shall pay claimants quarterly the - 
amounts allowed unless a larger 
sum allowed by the court 1897 4 303 23 

To allow expenses of county superin- 
tendent quarterly 1907 97 19 210 

To levy tax annually equal to at 
least ten per cent and not greater 
than twenty per cent as sinking 
fund to retire bonds issued in lieu 
of execution for payment of in- 
debtedness, 1897 1897 42 296 19 

To levy tax annually to pay interest 
and redemption of bonds issued 
to satisfy judgments originating 
prior to Feb. 26, 1891 1897 319 24 

To levy tax for interest of bonds is- 
sued in 1905 to pay indebtedness. 1905 74 4 195 

To levy tax to pay interest and one- 
tenth par of original of bonds is- 
sued under act to fund school in- 
debtedness 1897 380 30 

To determine indebtedness, the first 
' Monday in May, 1897 1897 285-288 13 

To hear appeal in matter of chang- 
ing districts 1907 97 22 212 

To receive certificate of local levies 

and pass thereon 1907 97 25 214 

COUNTY INSTITUTES — (See Institute). 

COUNTY OFFICERS— 

County Commissioners to examine 
into sufficiency of county officers' 



iND^x 279 

Laws. Chap." Sec. Page. 

bonds 1897 687 41 

County officers not to act as sureties 

on bonds of other officers 1897 843 43 

County officers to file quarterly state- 
ments of receipts and disburse- 
ments 1897 60 12 43 

Must be able to read and write either 
English or Spanish well enough 
to keep their own record.. 1897 857 43 

Not allowed to speculate in Terri- 
torial or county evidences of in- 
debtedness 1897 405 34 

Officers failing to so account liable 

to fine 1897 686 40 

Persons responsible for county 
money to render account at Janu- 
ary term or at other times 1897 684 40 

Persons unable to write English or 

Spanish are ineligible for office. ..1897 857 43 

Penalty for abstracting, destroying, 
mutilating or defacing probate 
clerk's files of county newspapers. 1897 
When guilty of embezzlement. . . .1897 

Penalty for interfering with county 
surveyor's official duties 18 97 

Probate Clerk to bind and preserve 
copies of county newspapers 18 97 

Probate Clerk to subscribe to all 
newspapers published in the 
county 1897 768 41 



COUNTY SUPERINTENDENT— 

Appeals from decisions concerning 
organization or changing of school 

districts ;....1907 

Apportionment of school fund 1903 

Apportionment of school fund 1907 

Apportionment of school fund. . .A. 1909 

Approve bond issue 1897 

Arbor Day, to promote observance 

of 1897 

Bond, Amount, conditions .1907 

Boundaries of school districts 1907 

Building of school houses from pro- 
ceeds of territorial common school 



771 


42 


1125 


45 


791 


42 


769 


41 



97 


22 


212 


99 


15 




97 


25 


214 


121 


8 


249 




1542 


65 




1625a 


88 


97 


19 


210 


97 


23 


213 



280 INDEX 

Laws. Chap. Sec. Page. 

bond issue, to approve 1909 7 11 227 

Compulsory attendance, vested with 

supervisory powers in regard to. ..1897 1555 70 

Contests in election of directors to 
be filed within 30 days with county 

. superintendent 1897 1532 61 

Districts may create, divide or or- 
ganize when 1907 97 22 212 

Duties 1907 97 20 210 

Election for issuance of school 

bonds, may call 1899 46 1 140 

Election, qualifications, term, pen- 
alty for paying money to a super- 
intendent not legally qualified. 
Duty of Territorial Board of Edu- 
cation 1907 97 18 219 

Examine school directors' accounts. 1903 119 11 

Institute, to hold with advice of ter- 
ritorial superintendent, collect 
fees and make disbursements with 
consent of territorial supt .1907 97 6 203 

Jurisdiction, over schools in county 
except city schools subject to 
Supt. of Public Instruction. To 
receive reports from all schools. 
. To visit schools. Supervise meth- 
ods of instruction. Consult with 
school directors as to expendi- 
tures, etc. Organize, or disorgan- 
ize school districts. Make appor- 
tionments 1907 97 20 210 

Liable on his bond for failure to 
make annual report to territorial 
superintendent 1897 

Oath, to take 1907 97 

Office Expense, how paid .1907 97 

Penalty for failure to perform duties.1909 121 

Permits to teach, temporary, may 

grant. Restrictions 1907 97 5 202 

. Poll Tax, to receive names of per- 
sons who have paid. Notice of 
amount collected and names of 
delinquents 1897 1550 69 

Powers General, L. '07, C. 97, S. 

20 A. 1909 121 8 249 

Public health, duty in regard to. . . .1903 103 29 184 



1528 


60 


19 


210 


21 


211 


12 


250 



11 


250 


12 


1S8 


13 


188 


24 


213 



iNDKx 281 

Laws. Chap. Sec. Page. 

Qualifications, L. '07, C. 97, S. 18. A. 1909 121 

Report illegal warrants of directors. 19 03 119 

Remove school director who fail to 

take census 1899 119 

Report, to whom, contents 1907 97 

Required to enforce statute concern- 
ing teaching of alcoholic drinks 
and narcotics. U. S. Statutes, 
49th Congress, first session 362 

Salary per classificat"'on, L. '05, 

Chap. 60, Sec. 5 A. 1907 97 

How paid, L. '07, Chap. 97.... A. 1909 43 

Teachers, examination of 1907 97 

Term of office 1907 97 

To leave in county school fund suf- 
ficient to meet warrants 1907 97 

To leave in county school fund suf- 
ficient to meet warrants 1909 121 

To post notice with full description 

of newly formed districts 1907 99 

To appoint time and place for elec- 
tion of school directors 19 07 9 9 

To appoint directors, if election is 

not held . . . . : 1907 99 

To endorse all orders for money to 
be paid out by district 1897 

To enforce vaccination. Penalty ... 1901 17 

To make a report of county schools 
to the Territorial Superintendent 
on or before X^ctober 15th, annu- 
ally 1907 99 1 59 

To report concerning number of dis- 
tricts, salaries, receipts of taxa- 
tion, etc., etc 1907 99 1 59 

To order directors to submit ques- 
tion of issuing bonds for building 
school house 1899 46 1 140 

To order portion of school fund set 
aside as building fund. To order 
building 1899 46 2 140 

To receive annually a report of each 

district 1897 1535 63 

To receive certificate of election of 
election of directors together with 
ballots cast in election 1897 1532 61 

To receive petition for the erection 



21 


211 


2 


233 


3 


201 


18 


209 


20 


210 


8 


249 


1 


59 


1 


59 


1 


59 


536 


63 


26 


150 



1556 


71 


26-2 7 


150 


29-31 


184 


11 


1S7 



282 INDEX 

Laws. Chap. Sec. Page. 

of a school building and forward 
same to county treasurer who 
shall inform directors of money- 
ready for use 1903 37 2 170 

To remove directors failing to call 

election for directors 1897 1532 61 

To remove school officers for refus- 
ing to receive pupils. May be 
himself removed by Territorial 
Superintendent for failing to act. .18 9 7 

Vaccination, duty to enforce 1901 17 

Vaccination, duty to enforce 1903 103 

When at county seat 1903 119 

COUNTY TREASURER— 

To give bond as treasurer of school 

fund 1897 " 1538 64 

To notify county superintendent 

quarterly of all funds received for 

school purposes 1897 1548 67 

To publish notice of sufficient funds 

to redeem bonds issued for 189 7 

indebtedness 1897 42 296 19 

To receive 33%% of sources enumer- 
ated in Sec. 1548, C. L. 1897 to the 

account of the general county 

School Fund 1897 1548 67 

COUNTY SURVEYOR — 

To locate lines and corners of school 
districts at request of county su- 
perintendent. Expense 1907 97 f 23 213 

COUPONS — 

Of bonds in city and town to be 

paid promptly. How cancelled. . 1897 1588 81 

COURTS, PROBATE — (See Probate Courts). 

CURRENT YEAR — (See Year). 

CRIMES AND OFFENSES— 

Burning at night of school, etc 1897 1103 44 

Burning in the daytime of school, 

etc 1897 1104 45 

Damages to enclosures by animals. . 1897 - 1297 48 



INDEX 



283 



Laws. Chap. Sec. Page. 

Embezzlement 1897 1125 45 

Enclosures" on public lands, illegal.. 1897 1295 48 

Enclosures to have gates at all cross- 
ings of public roads and trails. .. 1897 1296 48 

Half of opium fines to go to School 

Fund 1897 1265 47 

Half of fines for selling or using li- 
quor on election day to go to 
school fund 1897 1273 47 

Illegal to sell, use, or drink liquor on 

election day 1897 1272 47 

Larceny from said buildings. ......1897 II13 45 

Penalty for maintaining opium or 

hop joints 1897 1264 46 

Penalty of occupying public land 

under pretext of a deed 1897 1298 48 

Punishment for embezzling 1897 1126 



CREDITORS — 

To be paid pro rata if funds for cur- 
rent year are insufficient to pay 
claims in full 1897 42 301 



46 



22 



D 

DAY, SCHOOL— (See School Day). 
DEADLY, WEAPONS— (See Weapons). 

DEAF AND DUMB INSTITUTION — 

Auditor, member of Committee of. .1897 

Buildings for 1897 

Committee to have management ... 1897 
Authorized to reduce tuition fee. 18 97 

Establishing of ;18 97 

Expense of, how paid 1897 

Management of . . . . , 1897 

To be Territorial School 1897 

DEAF AND DUMB, NEW MEXICO 

ASYLUM— 

(Act of Legislature 1899). 
Appropriations for ." . 1899 42 1 136 



3675 


135 


3675 


135 


3673 


135 


3674 


135 


3672 


135 


3676 


135 


3673 


135 


3675, 3677 


135 



2 


137 


2 


137 


3 


138 


2 


137 


3 


138 



6 


167 


13 


171 


1 


166 


-3 


166 



284 iND^x 

Laws. Chap. Sec. Page. 

Board of trustees, organization, du- 
ties, and powers of 1899 42 

Donation of land by Congress 1899 42 

Indians admitted 1899 42 

Supt. Public Instr., a trustee 1899 42 

Terms of admission 1899 42 

(Act of Legislature 19 03.) 

Board of trustees, appointment, 

qualifications and duties of 1903 2 

Buildings, erection of 1903 2 

Creation of 1903 2 

Records and itemized accounts. ... 1901 98 

DEBATING SOCIETIES — (See Corporations). 

DEBTS — 

Territorial not to be contracted ex- 
cept in certain cases. U. S. Stat- 
utes 818 3 6 

Unlawful for County Commissioners, 
City Council, Town Trustees, Board 
of Ed.ucation, etc., to contract in 
excess of funds for current year. . 18 9 7 42 299 21 

DEEDS — 

Of lands sold by boards of education 

in school districts, how executed. 1897 1611 85 

DEED FOR REAL ESTATE — 

How executed when conveyed to 

Board of Education 1897 1566 75 

DEFICIT — 

Casual, Territorial Legislature may 
contract debts to pay. U. S. Stat- 
utes 818 3 6 

DEFINITION OF SCHOOL DAY AND 
MONTH — (See School Day and Month). 

DEGREES — (See Diplomas). 

DELINQUENTS — 

In paying poll tax to be sued after 
30 days notice. No property ex- 
empt 1897 " 1549 68 



INDEX 285 

Laws. Chap". Sec. Page. 

DELINQUENT TAXES — (See Taxes Delinquent). 

DENOMINATIONAL SCHOOLS — (See Private Schools). 

DIPLOMAS AND DEGREES — 

Power to grant 1897 1624 87 

DIRECTORS — 

Authorized to issue bonds. . 1897 379, 387 30 

Authorized to issue refunding bonds.1899 58 26 144 
Books to be examined by County Su- 
perintendent , 1903 119 11 187 

Contracts to let. No member to be 
a party. To report to county su- 
perintendent cost of material, etc.. 1903 119 7 186 

Contests of election 1897 1532 61 

Debts contracted by, valid 1905 74 1 194 

Duties 1897 1533 63 

Duties with reference to building 
school house from proceeds of 
Territorial School Bond issue. ... 1909 7 15 229 

Election of 1897 1532 61 

Election of 1897 1563 72 

Election of 1897 1567 75 

Election of 1901 55 1, 2 157 

Election may call for issuing bonds. 1897 15 42 6 5 
Election may call for issuing bonds.1899 46 1 140 
Expenses, contingent to defray .... 1897 1535 63 
Forbidden to contract debts in ex- 
cess of money belonging to cur- 
rent year 1897 42 299 21 

Health certificates to require of 

teachers 1901 43 2-3 154 

Holidays legally defined. Proviso as 

to teachers salaries 1903 119 20 189 

Indigent pupils, books to be fur- 
nished for 1897 1555 70 

Liable to fine for refusing to receive 
pupils on account of race of na- 
tionality 1897 1555 71 

May use surplus in general school 

fund to construct school buildings. 1903 37 1 176 

May admit non-resident pupils on 
tuition. Amount school taxes paid 

to be credited on tuition 1907 97 29 216 

Must be able to read and write either 

English or Spanish 1897 857 43 



286 INDEX 

Laws. Chap. 

Oath of office 1897 

One to be voted for; unless vacancy 

is to be filled 1901 55 

Organiaztion and duties of 18 97 

Penalty for failing to make complete 

census 1903 119 

Poll tax, clerk to collect 1897 

Poll tax collection facilitated. ..'... 1907 96 

Provide for interest on school bonds. 1897 

Provide school house and sites, how. 1897 

Provide school house and sites, how. 1903 37 

Pi'ovide school house and sites, how. 1907 97 

Provide school house and sites, how.1909 7 

Qualified voters for 

. Refund indebtedness and issue 

bonds . .1899 58 

Removal of 18 97 

Removal of . .• 1899 46 

Removal of 19 07 97 

Reports clerks of school board to 

make to county superintendent .. 1903 119 

Report to county superintendent. .. 1907 97 

Required to see to the endorsement 
of provisions for teaching Hygiene 
and Physiology with reference to 
effects of alcoholic drinks and nar- 
cotics. U. S. Statutes 362 1 4 

School Laws, Chairman to be fur- 
nished a copy by county superin- 
tendent 1903 IS 3 175 

Shall "have general control subject to 
county superintendent 1897 

Term of office 1901 55 

Text Books adopted by Territorial 

Board to be used 1907 97 

To allow the use of the school build- 
ings for certain public meetings. . 1897 

To appoint boards of appraisers 
when land is to be conveyed 1S97 

To be elected when district is formed 
at a meeting called by the county 
superintendent 1907 99 1 59 

To be appointed by county superin- 
tendent in case election is not 
held 1907 99 1 59 

To be furnished with copies of lists 



Sec. 


Page. 


1532 


61 


2 


157 


1533 


62 


13 


188 


1550 


69 


1-3 


197 


1535 


63 


541-1547 


65 


1-3 


176 


25 


214 


15 


229 




144 


13-26 


144 


1535 


63 


1 


140 


8 


205 


8 


186 


25 


214 



1535 
1 


63 
151 


9 


205 


1533 


62 


1602-1611 


83 



?c. 


Page. 


1547 


66 


1532 


61 


1555 


69 



INDEX 287 

Laws. Chap. 

of taxable property 1897 

To certify result of election for di- 
rectors to county superintendent. . 1897 

To compel attendance of children. . 1897 

To determine indebtedness of dis- 
tricts. The first Monday in May, 
1897. (See indebtedness to be de- 
termined) 1897 285-288 13 

To employ only legally qualified 

teachers 1907 97 8 205 

To furnish itemized accounts with 

vouchers 1903 119 9 187 

To have* power to compel attendance 

of children 1897 1555 .70 

To insure school buildings 1903 37 4 178 

To let contracts. Clerk to report 
cost of material and labor to 
county superintendent. School of- 
ficers not to be party to contract. .1903 119 

To make enumeration 1897 

To make a report through the clerk 
to the county superintendent. ... 1897 

To make enumeration of children .. 1*905 23 

To make reports about June 25th to 

county superintendent 1907 97 

To make reports about June 25th to 
county superintendent 1897 

To meet at least onece every 30 

days 1903 119 

To notify board of county commis- 
sioners concerning bonds issued 
under Acto fund school indebted- 
ness 18 97 

To pay teachers' salaries according 

to law. Violation 1907 97 

To post notices of eelctions for di- 
rectors 18 9 7 

To provide flags for public schools. .1905 48 

To cause flags to be displayed 1905 48 

Vacancies, how fllled 1897 

Vaccination to select same compe- 
tent person to do 1901 17 

Warrants illegally issued shall be 

jected by county superintendents. 1903 119 

Warrants not to be issued by, in 
excess of amount of levy for cur- 
rent year 1897 1535 63 



7 


186 


1535 


63 


1535 


6 3 


1 


190 


24 


213 


1535 


63 


11 


187 



381 


31 


26 


215 


1532 


61 


1 


191 


2 


191 


1533 


62 


27 


151 


12 


188 



288 INDEX 

Laws. Chap. Sec. Page. 

DISTRICT SCHOOL — 

Actual residents permitted to attend 
school regardless of time when 
they become residents 1897 1556 70 

DISTRICTS — 

Alteration of 1907- 97 

Appeals in formation of 1907 97 

Apportionment of territorial school 

funds 1899 74 

Apportionment of school funds. 

Time. Publication 1903 119 

Appraisers, board of, to be appoint- 
ed when land is conveyed 1897 

Assessor to include all property in 
district on March 1st 1897 

Bonded indebtedness, how paid.... 1907 97 

Boundary lines^ location of 1907 97 

Children to be enumerated, when. 

False enumeration and penal tj'^. . 1905 23 

Clerks to make full report to county 

superintendent 1903 119 

Condemnation of land for school 
purposes 1897 

Consolidated, may be on petition. . .19 07 97 

County surveyor to locate boundary 

lines 1907 97 

Creation of new 1907 97 

Debts made binding. Bond issue to 
pay. Interest. Maturity. Re- 
deiftption 1905 74 1-4 

Districts declared legal 1897 1529 60 

Directors (See Directors, School). 

Exemption from taxation for heads 

of families. Amount 1901 95 8 159 

Governing authorities to protect 

health of children. Tuberculosis. 1901 43 2-5 154 

Indebtedness up to 1897 to be de- 
termined and settled, how 1897 285-298 13 

Indebtedness must be equal to or 
less than 4 per cent of assessed 
value of property 1897 1541 65 

Indebtedness to be refunded by bond 
issue. Bonds, how signed and at- 
tested 1899 58 

Indebtedness, not to incur 1897 

Indebtedness, not to incur 1897 



22 


212 


22 


212 


29 


145 


15 


'188 


1602-1611 


83 


295 


19 


22 


. 212 


23 


213 


1-2 


190 


8 


186 


1553 


69 


22 


212 


23 


213 


22 


212 



3, 26 


144 


382 


31 


299 


21 



INDEX 289 

Laws. Chap. Sec. Page. 

Fund (See School Fund). 

Levy for school purposes 1907 97 25 214 

Lines, location of Boundary 1907 97 - 23 213 

Negotiable bonds of, may be issued. 
Qualified voters to decide. Boun- 
daries to be established. Duty of 
Assessor 1897 1541-1547 65 

Number of children in 1907 97 22 212 

Organization of 1907 97 22 212 

Poll Tax, Clerk to collect. Amount. 
Compensation. May bring suit. 
No property exempt. For use of 
district ...1897 1549 68 

Poll Tax, notices to be posted and 
copies of list to county clerk and 

. county superintendent. Amount 
collected and name of delinquents 
to be reported 1897 1550 69 

Poll Tax, collection facilitated by re- 
quiring employers to furnish list 
of employes. Penalty ..1907 96 1-3 197 

Property exempt from taxation for 

school purposes. Proviso 1897 1560 69 

Property, transfers of, legal and 
valid. Not to be transferred ex- 
cept upon petition of majority of 
qualified voters ....1897 1592, 1597 82 

Qualified voters in 

Real estate to acquire, which when 
taken is not to exceed one acre 
and must be situated on public 
highway 1897 1552 69 

Reports of, to be made by clerk to 

county superintendent, when.... 1907 97 24 213 

School fund to receive certain fines. 
(See School Fund, district). 

Sureties, officers not to act as 1897 843 43 

Surplus school fund may be used for 
constructing school buildings when 
available. Duty of county super- 
intendent, county treasurer and di- 
rectors 1903 37 1-3 176 

Title of unsold parcels of land to be 

vested In school district 1897 1600-1601 82 

Title to lands and other property, 

Shall hold 1897 1530 61 

To be body, corporate .,,...,. ,1897 1530 61 



290 INDEX 

Laws. Chap. Sec. Page. 

When formed the county superin- 
tendent shall post a notice of the 
formation of such district with 
full description and call a meeting 
for election of directors 1907 99 1 59 

When school house is lacking, 
county superintendent may order 
directors to submit question of 
bonds to vote on petition twenty 
heads of families. Additional 
means of securing house 1899 46 2 140 

Vaccination against smallpox com- 
pulsory in 1903 103 29-31 184 



EDUCATION OF APPRENTICES — 

(See Apprenticeship). 

EDUCATION, BOARD OF, TERRITORIAL — 

(See Board of Education). 

EDUCATION OF WARD — 

(See Guardian and Ward). 

EDUCATION, BOARD OF CITY— 

(See Board of Education). 

EDUCATION, BOARDS OF— 

(See Boards of Education). 

EDUCATION— 

Provisions for all children in the ter- 
ritory by proceeds of Teriiiorial 
Common School Bond issue 1909 7 19 230 

EDUCATION OF MINOR CHTLDREN— 

To be guarded by probate judge... 1897 2055 93 

ELECTIONS — 

Boards of Education 1897 1567 75 

Qualification of voters for mem- 
bers of Boards of Education. . .1897 - 1567. 75 



2004 


8 


1698 


89 


16-98 


89 


1532 


61 



1584, 1585 


79 


1698 


89 


1570 


76 



iNDi;x 291 

Laws. Chap. Sec. Page. 

Citizens otherwise qualified not to 
be barred from voting because of 
race, color or previous condition 
of servitude. U. S. Revised Stat- 
utes 

County officers 1897 

Day established for delegate mem- 
bers of Legislature and County 
officers 18 9 7 

Directors of School District 1897 

Qualification of voters 

For issuing Bonds by school dis- 
tricts, for the purpose of erecting 
or completing school house 1897 1542 65 

For issuing bonds in cities and 
towns 1897 

Illegal to sell, use or give liquor on. 18 97 

Officers of Board of Education 1897 

Qualifications of voters for issuing 
bonds in school district ordered 
by county superintendent, for 
erecting school house 1899 46 . 1 - 140 

Special levy greater than 5 mills to 
be voted upon. Qualifications of 
voters ....1907 97 25 214' 

EMBEZZLEMENT — 

When is a person guilty of 1897 1125 45 

Penalty 1897 1126 46 

ENUMERATION — 

Actual residents before or after en- 
titled to send children to school. .1897 1556 71 

To be made annually 1897 1535 63 

School Directors to make. Duty of 
Clerk. Penalty for false enumera- 
tion 1905 23 1,2 190 

ENCLOSURES — 

Not to be constructed or maintained 

on public lands ...1897- 1295 48 

To have gates at all crossings 1897 1296 48 

Owners may recover damages. .....1897 1297 48 

ENGLISH LANGUAGE — 

' Required in all public schools 1897 1529. 60 



292 INDEX 

Laws. Chap. Sec. Page. 

ESTATES, INTESTATE — <See Intes- 
tate Estates). 

ESTRAYS, UNCLAIMED— (See Strays). 

EXAMINATIONS — 

For county certificates 1907 97 3 201 

EXAMINATIONS FOR COUNTY CER- . 
TLFICATES — 

Incidental Expenses to be regarded 
as legitimate expense incurred in 
connection with instittues 1909 121 5 248 

EXPENSES — 

For Current Year to be paid out of 

money belonging to that year. ...1897 42 299 21 

Of county superintendent's office. . .1907 97 21 211 

EXTINGUISHMENT OF RESERVA- 
TION — 

States or territory may await in 
order to obtain possession of sec- 
tions 16 and 36. U. S. Statutes. . . 384 2275 8 

EXEMPT^ — 

Property from School Taxes 1897 1560 72 

Property of Schools in City and 

Town 1897 1583 79 

EXEMPTIONS — 

From taxation 1901 95 8 159 

EXPENDITURES — 

By Boards of Education, 

Limitations 1897 1581 78 

By directors. Limitations 1903 119 7 186 



FEES, SALARIES AND PERQUISITES 
OF OFFICERS— 

To be reduced if funds for current 

year are insufficient 1897 4-2 SOO 21 



inde;x 293 

Laws. Chap. Sec. Page. 

FEES — 

Special legislation to create or 
charge fees, etc., of public officers 
during term forbidden, U. S. Stat- 
utes 818 1 5 

FENCES — 

Fines for violation of provisions to 

go to general school fund of 

county 1897 1327 91 

Illegal to use private roads and to 

open fences 1897 1825 91 

Persons failing to close gates liable 

for all damages 1897 1826 91 

FINES — 

For abstracting, mutilating, defac- 
ing file of newspapers in Probate 

Clerk's office, not to exceed $5 00. 

Half to County School Fund 1897 771 42 

For allowing minors in saloons or 

places where intoxicating liquor or 

tobacco are for sale. To go to 

County School Fund 1901 3 5 49 

For allowing minors to play games 

on saloon premises, half to go to 

District School Fund 1897 1269 47 

For avoiding payment of tolls. To 

go to County School Fund 1897 1867 92 

For failure of corporations or firms 

to comply with poll ta,x provisions. 

To go to District School Fund. .. .1907 96 2 198 

For failure of school director to call 

election to go to District School 

Fund 1897 1532 61 

For failure to send children to school. 18 97 1555 70 

For false enumeration to go to School 

Fund of. School District 1905 23 2 190 

For giving or selling liquor or to- 
bacco to minors, to go to County 

School Fund 1901 3 5 149 

For illegally issuing certificates of . 

exemption from taxes to firemen, 

to go to treasury of District School 

Fund 1897 1764 96 

For illegally using private roads and 

opening fences so as to cause dam- 



294 INDEX 

Laws. Chap. Sec. Page. 

age, to go to General County 

School Fund 1897 1827 91 

For violation of provisions concern- 
ing obstruction of streets and al- 
leys, to go to County School Fund. 1897 2679 96 

For infraction of laws concerning 
firearms or other deadly weapons, 
to go to County School Fund. . . .1897 1389 53 

For infraction of Sunday law, to go 

to District School Fund 1897 1369 49 

For occupying or trying to deprive 
others of the free use of public 
lands, to go to County School 
Fund 1897 1298 48 

For opium joint. Half to go to Dis- 
trict School Fund 1897 1265 47 

For owning games or engaging in, to 
go to School Fund of District, 
town or city 1907 64 4 47 

For owning games or engaging in, 
to go to School Fund of District, 
town or city 1907 64 4 197 

For refusing to have children vac- 
cinated, to go to District, City or 
Town School Fund 1901 17 26 150 

For selling or using liquor on elec- 
tion day. Halif to go to District 
School Fund .. 1897 1273 47 

For threatening or interfering with 
the County Surveyor, not less than 
$5 nor more than $100, to go to 
County School Fund 1897 791 42 

For violation of compulsory attend- 
ance provisions, to be placed to 
credit of district. . 1897 1555 70 

For violation of provisions concern- 
ing health requirements of teach- 
ers, to go to Territorial School 
Fund 1903 92 2 157 

For violation of provisions requiring 
persons, etc., turning cattle on 
range occupied by others to own - 

living water sufficient for their 
needs 1897 128 11 

For violation of provisions requiring . 

persons, etc., turning cattle on 



iND:ex 295 

Laws. Chap. Sec. Page. 

range occupied by others to own 

living wate-jc sufficient for their 

needs 1897 129 11 

For violation of provisions requiring 

persons, etc., turning cattle on 

range occupied by others to own 

living water sufficient for their 

needs .- 1897 130 11 

For violation of vaccination provis- 
ions, to go to School Fund of 

District 1903 103 29 184 

Goging to school fund to be paid 

into county treasury quarterly 

and duplicate receipt filed with 

county clerk 1897 1548 . 67 

Probate Clerk for failure to bind 

and preserve county newspapers 

to be fined fifty dollars, one-half 

of which will go to County School 

Fund 1897 769 41 

Proceeds collected for violation of 

penal laws to go to General 

County School Fund 1897 1548 67 

FIREMEN — 

Exempt from certain taxes 1897 1763 96 

Fine for illegally issuing certificate 
of exemption to go to School Dis- 
trict 1897 1764 96 

FIRM OR CORPORATION — 

To furnish list of employes to facili- 
tate collection of poll tax. Pen- 
alty 1907 96 1,2 197 

FLAG LAW — 

Directors and Boards of Education 

to provide flags for public schools.1905 
Flag Day, not a holiday 1905 

Amended - 1909 

U. S. Flags to be displayed on public 

buildings 1905 48 2 191 

FLAG DAY PROGRAM — 

To be printed and distributed by Su- 
perintendent of Public Instruction.1907 97 13 208 



48 


1 


191 


48 


3 


191 


121 


3 


247 



296 iND^x 

Laws. Chap. Sec. Page. 

FLAG DAY AMENDED — 1909 121 " 3 247 

FOREST RESERVE — 

Money accruing from. One-half to 

County School Fund 1909 119 3 246 

FORFEITURES OR RECOVERIES — 

On bonds of county, precinct or Ter- 
ritorial Officers, to go to School 
Fund 1897 1548 67 

FUNDS — (See School Fund). 

FUNDING ACT, 1893 — 

(See warrants) 1897 319-325 25 



G 



GAMBLING, PROHIBITED — 

And laws in conflict repealed. In 

force after January 1, 1908 1907 64 1-6 196 

GUARDIANS AND WARDS — 

Father and Mother as guardians. .. 1897 1437 54 

Custody of children's person, educa- 
tion and estate 1897 1465 54 

Education of ward 1897 1447 54 

Guardians to make annual settle- 
ment with probate court 1897 1471 55 

GENERAL LAW — 

Special Legislation forbidden in all 
cases where general laws can be 
made applicable. U. S. Statutes. . 818 1 6 

GIFTS — 

(To School interests) 1907 97 27 -216 

GOVERNOR — 

Appoints. Supt. Public Instruction. . .1907 97 1 200 

President of Territorial Board of 

Education 1907 97 1 200 



INDEX 297 

Laws. Chap. Sec. Page. 

To remove any collector failing to 

Lurn over money in thirty days. . .1897 1539 64 

GRAND jury- 
To be charged with violations of 

provisions regarding speculation 

by county, city or town officers in 

evidence of indebtedness 1897 JIO 36 

Charged to by court 1897 410 36 

GRANTS — (See Land Grants). 

GUADAIiUPE, COUNTY OF — 

Indebtedness of school district No. 8. 1909 58 1-3 235 



H 

HABITUAIi DRUNKARD — 

Children of to be educated by com- 
mittee from income 1897 1911 92 

HEALTH CERTIFICATES — 

Certificate .of good health required. .1901 43 2-3 154 

Complaint may be filed. Teacher 

may be discharged 1901 43 

Fee for certificate 1901 43 

Penalty for failure of officials to 

discharge their duties 1901 43 

Persons afflicted with tuberculosis 

not to be employed as teachers. . .1901 43 

HEALTH EXAMINATION— 

By any physician. On appeal by 

Territorial Board of Health 1903 92 1 156 

HEALTH OFFICER — 

To look after vaccination . . 1903 103 30 185 

HEALTH, PUBLIC — 

An act to preserve 1903 103 29-31 184 

County health officer to vaccinate. . 1903 103 30 184 

Smallpox. Vaccination of children. 1903 103 29 184 
Vaccination of adults. Refusal. 

Penalty , 1903 103 31 185 



5 


154 


4 


154 


6 


155 


1 


153 



298 INDEX 

Laws. Chap. Sec. Page. 

HIGH SCHOOLS — 

To be established when necessary. .. 1897 1569 76 

HIGHWAYS — 

Persons attempting to avoid pay- 
ment of Tolls liable to fine which 
shall go to county school fund. . .1897 1867 92 

HOLDERS OF WAKRANTS — (See Warrants). 

HOLIDAYS — 

Defined 1903 119 20 189 

HOUSE — (See School House) — 

Bonds for, how voted 1897 

Breaking and entering into, penal- 
ties ' 1897 

Burning buildings, penalty 1897 

Condemnation .of land for 1897 

Failure to vote bonds 1899 46 

Insurance of 1903 37 

Location of 1897 

Residents may petition for 1899 46 

Surplus funds, utilization of 1903 37 



I 

INCORPORATION — 

Of colleges, seminaries, etc. permit- 
ted, U. S. Statutes 818 5 7 

INDEBTEDNESS, MATURED— 

Every county, city, town, village, and 

school district required to compro- 
mise and refund, and to issue 

bonds 1899 58 13 144 

Territorial Legislature not forbidden 

to refund, U. S. Statutes 818 3 6 

To be paid pro rata, if funds for 

current year are insufficient 1897 42 300 22 

Null and void, if it cannot be paid 

out of money belonging to that 

current year 1897 42 299 21 

INDEBTEDNESS, 1897 — 

Current year to begin January first 
except that of boards of educa- 



1541, 1542 


65 


1113 


45 


1103, 1104 


44 


1553 


70 


2 


140 


4 


178 


1552 


69 


1 


140 


1-3 


176 



INDEX 



_ Laws. Chap. Sec. 





299 




Page. 


304 


23 


305 


23 



tion, which shall begin September 

first 1897 42 

Funds for next year and for current 

year 1897 42 

No bonds to be issued after first 
Monday in August, 1897, except in 
case of appeal and judgment ren- 
dered 1897 

Reduction of fees and salaries of of- 
ficers 1897 

Officers and creditors to be paid pro 

rata ...1897 

Void indebtedness of Sec. 29 9 to re- 
main valid 1897 

Payment of claimants 1897 

Funds remaining after payment of 
bonded indebtedness to be trans- 
ferred to respective expense funds.1897 42 
Payment of bonds and interest when 

due 1897 

Unlawful to contract debts which 
cannot be paid from money actu- 
ally collected during that year. . .1897 42 
Issue of claimant bonds in lieu of 

execution 1897 

Persons proving claims entitled to 

coupon bonds therefor 1897 

Bonds to bear 6 per cent from date 

of issue 1897 

Form of bonds and coupons, how 

signed and attested 1897 

County Commissioners to levy tax to 

pay annual interest 1897 

County Commissioners to levy tax 

for sinking fund 1897 

Filing of statement and bond neces- 
sary for appeal 1897 

Other steps required of claimant. . .1897 42 
District Attorneys to represent 
County Commissioners and other 
bodies or boards not provided . 

with counsel 1897 42 289 15 

To be determined on the first Mon- 
day in May 1897. 
Determination of indebtedness 

other than bonded . 1897 42 285 13 



42 


306 


24 


42 


300 


-- 


42 


301 


22 


42 


302 


22 


42 


303 


23 


42 


297 


20 


42 


298 


20 


42 


299 


21 


42 


290 


17 


42 


291 


17 


42 


292 


17 


42 


293 


18 


42 


295 


19 


42 


269 


19 


42 


287 


15 


42 


288 


15 



74 


4 


195 


74 


1 


194 


74 


3 


194 


74 


2 


194 



300 INDEX 

Laws. Chap. Sec. ' Page. 

Claimants feeling aggrieved, may 

appeal to district court 1897 42 286 15 

INDEBTEDNESS LEGAIiIZED — 

County Commissioners to levy tax 
to pay interest on bonds. 
Redemption 1905 

Debts contracted by school boards 
made binding 1905 

Denomination of bonds. Rate of in- 
terest. Maturity, how signed. ... 1905 

School boards issue bonds covering 
indebtedness 1905 

INDEBTEDNESS — 

In scase of creation or alteration of 

districts 1907 97 22 212 

INDEBTEDNESS, SCHOOL, TO FUND — 

County Commissioners to levy tax 
for the payment of interest 189 7 

School directors authorized to issue 
bonds 1897 

School Directors to notify count 
commissioners of bond issue 1897 

School directors shall not incur in- 
debtedness in excess of the 
amount allowed by law. ........ 1897 382 " 31 

INDEBTEDNESS — 

Contracted prior to Feb. 26, 18 91, 
to be determined and a decree of 
judgment rendered in favor of 
person presenting evidences of in- 
debtedness. Funding Act 1897 322 26 

County officers forbidden to specu- 
late in county or territorial in- 
debtedness 1897 405 34 

INDIGENT PUPILS— 

Directors to buy books for 1897 ' 1555 70 

Appropriation for expenses in edu- 
cational institutions 1907 98 29-36 141 

Appropriations for 61 and 62 fiscal 
years. Appointment. Method of 
appointment. Term surplus. 
Quahfications 1909 127 8 253 



380 


30 


379 


30 


381 


31 



INDEX 301 

Laws. Chap. Sec. Page. 

INDIGENT CHILDREN— 

To be in charge of Sisters of Charity.1897 1620 87 

INDUSTRIAL SCHOOL — (See Orphans Home). 

INSTITUTE — 

County superintendent to hold. 
Teachers to attend. Duties - of 
Territorial Superintendent. Ex- 
cuses. Territorial Board to issue 
course of study. Joint institutes. 
Funds. Fees. Disbursements. .. 1907 97 6 203 

Attendance for four weeks shall en- 
title teachers to compensation. .. 1909 121 5 252 

INSTITUTES, AMENDED — 

ISSUANCE OF SCHOOL BONDS— (See Bonds). 

INSURANCE — 

Of school buildings 1903 37 4 178 

INSTITUTIONS, EDUCATIONAL — 

Act to aid in erecting buildings and 

making other improvements. ... 1905 72 1—2 193 

Agricultural and Mechanic Arts. . . .1897 3551-3767a 104 

Alcoholic Effects, instruction in at 
Military schools. U. S. Statutes, 
49th Congress 362 1 4 

Appropriation for indigent students. 1907 89 29-36 191 

Appropriation for 61st and 6 2nd fis- 
cal years 1909 127 2 250 

Authorized to expend funds from 

sale and lease of lands 1905 72 1-2 193 

Blind, institute for 1903 2 1-13 166 

Commissioners of Public Lands to 
receive and keep separate ac- 
counts of lands and place money 
from lands to credit of 1909 

Deaf and Dumb, act to establish. . . .1903 

Deaf and Dumb School 1897 

Deaf and Dumb School 1899 

Deficiencies in certain 1909 

Diplomas, power to grant 1897 

Income from lands to be turned 
over 1899 

Military institute, act amendatory. .1901 



106 


1 


238 


2 


1-13 


166 




3672-3677 


135 


42 


1-4 


136 


127 


13 


254 




1624 


87 


74 


29 


145 


63 


1-5 


133 



1-6 


130 


3660-3671 


127 


3592-3606 


116 


1-9 


220 


3650-3657 


120 


1-2 


125 




123 


27 


216 


2 


251 



302 INDEX 

Laws. Chap. Sec. Page. 

Military Institute, act providing for 

buildings for 1901 6 

Military Institute 1897 

Mines, School of 1897 

Museum of New Mexico 1909 4 

Normal School 1897 

Normal Schools, lands to be divided 

equally : . . .1901 65 

Normal University, name changed. . 1899 18 

Property presented 1907 97 

Railroad fare allowed to students. . 1909 127 
Regulating qualifications for admis- 
sion. Proviso 1909 127 2 251 

Report of to be included in annual 

report to superintendent of public 

instruction 1907 97 14 208 

Required to account for public 

money received 1901 98 1-3 160 

Spanish- American Normal 1909 97 1-4 236 

Statistical report to be made by 

heads to Supt. Public Instruction. 1907 97 .24 

Teachers afflicted with tuberculosis 

not to be employed 1901 43 -6 153 

Teachers afflicted with tuberculosis 

not to be employed 1903 92 1-2 156 

Training schools in connection with 

Normals 1909. 127 2 251 

University of New Mexico ....1897 3568-3591 110 

Unlawful to sell or give liquors and 

tobacco to minors in 1901 3 2 148 



INTEREST — 

On bonds issued in lieu of execution 

in payment of indebtedness 1897.1897 42 295 19 

On Territorial Common School 

Bonds. Provision for 1909 7 3,4 225 

County Commissioners annually to 
levy special tax for interest and 
redemption of bonds issued to sat- 
isfy judgment of accounts in 
force prior to Feb. 26, 1891. Fund- 
ing Act, 1893 1897 323 26 

Payment pledged by school funds 

and property in city and town. .. .1897 1589 81 

Tax levy, for, in city and tewn. 1897 . 1587 80 



INDEX 303 

Laws. Chap. Sec. Page. 

INTESTATE ESTATES — 

Proceeds to go to school fund 1897 1548 67 



J 



JUDGE OF DISTRICT COURT — 

To charge grand juries with viola- 
tions of compulsory attendance 
provisions 1897 1555 70 

JOINTS — 

Opium or hop 1S97 1263, 1265 46 

JUSTICES OF THE PEACE — 

Duty concerning bawdy houses 1901 84 5 165 

Duty concerning orphans and poor 

children 1897 1472 55 

To cause streets to be cleaned 1897 2678 96 



K 

KEEPERS — 

Bawdy Houses, who are 1901 84 3 164 

Hotel, Saloon and Dance Hall to post 

law concerning Deadly Weapons. .1897 1368 49 

Saloon, allowing minors to play 

games, penalty 1897 1268 47 



L 

liANDS — 

Belonging to Board of Education of 
School District may be sold at not 
less than appraised value 1897 1605 84 

Belonging to School Districts. Deeds, 

how executed 1897 1611 85 

V Belonging to school districts may be 
purchased by persons having im- 
proved them 1897 1609 85 

Belonging to school districts. Pur- 
chaser to pay certain expenses. .. 1897 1610 85 

Commissioner to keep separate ac- 
counts of all moneys for respect- 
ive funds named 1899 74 7 145 



304 INDEX 

Laws. Chap. Sec. Page. 

How offere 1 for sale in School Dis- 
tricts. Sale continued 1897 1606 84 

Illegal to construct or maintain en- 
closures upon 1897 1295 48 

Income to be turned over to Terri- 
torial Treasurer for the use of in- 
stitutions or object for which set 
apart 1899 74 29 145 

Interest from income to pay interest 
on Territorial Common School 
bonds -(See Bonds) 1909 7 3 240 

Land Grants (Committee) 1897 2178 94 

Leasing, sale, management and con- 
trol, Territorial Public Land Of- 
fice. Duties of Commissioner. .. .1909 106 1-9 238 

Lieu, to be granted for Sees. 16 and 
36 when said sections have been 
settled previous to survey or when 
said sections are within Indian, 
military, or other reservation. U. 
S. Statutes 384 2275 8 

Lieu lands to be selected when 
school sections have been settled, 
fall 'in reservation or are frac- 
tional from natural causes. U. S. 
Statutes 384 2275 8 

Lots, blocks, shares and parcels to 
be conveyed to Board of Educa- 
tion of school districts at appraise- 
ment 1897 1603 83 

Money from leasing school sections 
or lieu lands to be credited to 
School fund and apportioned ac- 
cording to law governing other 
school funds 1907 104 31 218 

Money from sale or lease to go to 
public schools 1897 

Occupation and improvement of . . . .1899 74 

Public, unlawful to make enclosures. 
Private enclosures 1897 

Preference given to certain persons 

to lease 1899 74 

Proceeds of sale by Board of Edu- 
cation 1897 

Reserves for Common Schools, Uni- 
. : versity. Agricultural College, Nor- 



2178 


94 


30 


146 


1295-1298 


48 


30 


146 


1605 


84 



INDEX 305 

Laws. Chap. Sec. Page. 

' mal Schools, a Military Institute, 
** etc., separate account to be kept 

by Commissioners of Public 

Lands 1899 74 7 145 

Reserved for School Purposes. Or- _ 

ganic Act 15 3 

Rules for selecting lieu lands for' 

Sections 16 and 36.. U. S. Statutes 384 2276 10 

Sections 1 6and 36 in each township 

to be reserved for school purposes. 

Organic Act 15 3 

Sections 16 and 36 school lands un- 
less mineral in character. U. S. 

Statutes 543 38 10 

School sections may be sold for 

cemetery purposes 1909 106 9 244 

Territorial educational or charitable 

institutions may expend money 

from 1905 72 1 193 

Territorial Treasurer certify quar- 
terly to superintendent of public 

instruction all money applicable 

to common schools 1899 74 29 145 

Timber not to be cut from school 

sections. Penalty ^ 1903 81 1 175 

Unsold parcels to be deeded to 

boards of education 1897 1601 - 83 

When sections 16 and 36 have been 

settled previous to survey or when 

they fall within Indian, military 

or other reservation, lieu land 

may be selected. U. S. Statutes. . 384 2275 8 

When valuable manufacturing or 

townsite may be sold or leased by 

commissioners of public lands. 

Proviso .• 1907 104 39 218 

Withdrawn from naarkets. Leasing 

Proviso 1907 97 28 216 

Rules for selection of U. S. Stat- 
utes 384 2276 10 

LANDS, LIEU— 

To be granted in place of sections 
16 and 36 when these have settled 
with a view to preemption on 
homestead before purvey of lands 



306 inde:x 

Laws. Chap. Sec. Page. 

in the field, or when said sections 
fall within Indian, military, or 

other reservations, U. S. Statutes. 384 2275 8 

Rules for selection of, U. S. Statutes 384 2276 10 

LANDS, MINERAIi — 

Provisions concerning sees. 16 and 
36 as school lands does not apply 
to U. S. Statutes 543 38 10 

LARCENY FROM OR BREAKING 
INTO PUBLIC BUILDINGS— (See 

Crimes and Offenses). 

LAW, SCHOOL — 

To be printed and distributed by Su- 
perintendent of Public Instruc- 
tion 1907 97 13 208 

Opinion concerning questions and 
controversy to be given by Supt. 
of Public Instruction ....1909 121 6 249 

LEASING — (See Lands). 

LEGAL HOLIDAYS— (See Holidays). 

LEGAL VOTERS— (See Voters). 

LEGISLATURES— 

Forbidden to pass local or special 
laws in certain cases. U. S. Stat- 
utes 818 1 6 

Assessment and collection of taxes. . 818 1 6 

Opening and conducting of any elec- 
tion 818 1 6 

Creating or changing fees of public 

officers 818 .1 6 

Granting to any corporation or indi- 
vidual exclusive privileges, etc... 818 - 1 6 

In other cases where a general law 

applies 818 1 6 

Providing for management of com- 
mon schools 818 1 6 

Remitting fines, penalties or for- 
feitures 818 1 6 

Shall not contract debts except In 
certain cases enumerated. U. S. 
statutes ,.,-..... 81^ 3 6 



4147 


100 


4149 


102 


6 


152 


4152 


102 


4125 


97 


4141-4153 


97 



INDlvX 307 

Laws. Chap. Sec. Page. 

liEVY — (See Taxes for School Purposes). 

EICENSE GOING TO SCHOOTj FUND — 

Applicants to fill out application un- 
der oath 1897 

Firms or individuals refusing to pay 
to pay double 1897 

Liquor, Method of collection and 

distribution 1901 29 

Nickel-in-the-slot machines to pay. 
$50 1897 

Officers delivering licenses before 
tax is paid shall forfeit double 
amount of license to school fund. 1897 

Occupation taxes, one-half to go to 
general county school fund 1897 

Operations of nickel-in-the-slot ma- 
chines liable to fine for refusing 
to pay license. Fine to go to gen- 
eral county school fund 1897 4153 103 

Persons failing to comply with re- 
auirements of section concerning 
nickel-in-the-slot machines liable 
for fine which shall go to general 
county school fund 1897 4153 103 

To be paid in advance 1897 4148 101 

Firms or individuals attempting to 
engage in business without paying 
license tax to forfeit double, the 
amount of the tax. To go to county 
school fund. Penalty for refusal 
to take out license 1897 4149 102 

Liquor and gaming laws not changed 

by this act 1897 4150 102 

Nickel-in-the-slot machines to pay 

$50 annually to school fund 1897 4152 102 

Moneys arising from license imposed 
upon wholesale and retail liquor 
dealers, distilleries, breweries, and 
wine presses to go to school fund. 1897 1548 67 

Pawnbrokers 1897 4145 100 

Buildings and premises for public 

amusement 1897 4146 100 

Applicants to fill out application un- 
der oath. Procedure. Fees. Pen- 
alty for issuing license illegally ... 1897 4147 100 



4141 


97 


4141 


99 


4142 


99 


4143 


99 



13 


208 


1 


191 


3 


248 



308 INDEX 

Laws. Chap. Sec. Page. 

To be paid in advance quarterly, 
semi-annually or annually, one- 
half to be paid to county treas- 
urer for use of school funds 1897 4148 102 

Payable in part to county School 
Fund. 

Peddlers 1897 

, Dealers in Merchandise 1897 

Real Estate and collection agents.. 18 9 7 

Insurance agents 1897 

Hotel and restaurant keepers, own- 
ers of livery stables and stage 
lines .1897 4144 99 

lillSTCOLN DAY — 

Lincoln day 1907 97 

Lincoln day 1905 48 

Substituted for Flag Day 1909 121 

LINCOIjN— 

Birthday to be flag day. Not a holi- 
day r 1905 48 3 191 

LIQUOR — 

Drinking, selling, using, forbidden 

on election day 1897 1269 47 

LIQUOR LICENSES— 

Sheriff to collect 1901 29 6 152 

To be distributed by County Treas- 
urer; % to the credit of the school 
district and % to county general 
school fund 1901 29 6 152 

LIQUOR OR TOBACCO— 

Unlawful to give or sell to minors. .1901 3 1 148 

LITERARY SOCIETIES — 

LITERARY SOCIETIES — (See Corpo- 
rations). 

LIVE STOCK- 
TO be included in assessment if graze 

wholly within district 1897 1547 66 

LOCATION OF SCHOOL HOUSE — 

(See Rear Estate). - 



INDEX 309 

Laws. Chap; Sec. Page. 

LOSS OF WARRANTS, CHECKS, 
DRAFTS, ETC. — (See Warrants). 

IjOst goods or estrays— 

Proceeds of sale to go to school fund.1897 1548 6 7 

liOTS — 

In city or town may be sold by 

Board of Education 1897 1604 84 

Proceedure in sale of by Board of 

Education 1897 1605 84 



- M 

MAYOR— 

To call election to vote bonds at re- 
quest of boards of education 1897 1585 80 

MEETINGS, REGULAR AND SPECIAL — 

Boards of Education .1897 ; 1579 78 

MILITARY SCHOOLS — 

Report of to appear in annual re- 
port of Adjutant General 1897 2279 94 

Superintendent to be major and 

aide-de-camp on Governor's staff..l897 2279 94 

Adjutant general to inspect annu- 
ally 1901 63 4 134 

Auditor to levy tax for 1897 3668 128 

Board of regents to control 1897 3661 127 

Appointment of, term of 1897 3661 127 

Duties and powers of 1897 3663-3666 127 

May dispose of lands 1897 36,65 128 

Bonds authorized 1907 6 1 130 

Proceeds of, how spent 1901 6 2 130 

Cadets, appointment of 1901 6 6 132 

Commission to cadets having high- 
est standing 1901 63 5 134 

Creation of, location of 1897 3660 127 

Deeds for, how executed 1897 3666 128 

Governor and Supt. Public Instruc- 
tion to be ex-officio regents of. ...1897 3661 127 

Lands may be sold 1901 - 6 4-5 131 

Organization of 1897 3662 127 

Record and itemized accounts 1901 98 1 160 



310 INDEX 

Laws. Chap. Sec. Page. 

Report to Governor and Supt. Pub- 
lic Instruction 1903 99 18 188 

Stores, Quartermaster's care of. ...1901 63 3 134 

Tax levy for 1901 6 3 131 

Treasury of Territory to pay interest 

on bonds 1901 6 4 131 

Tuition 1897 SG71 124 

Separate account of money from 

land 1899 74 7 145 

MINES, SCHOOL OF— 

Appropriation for deficiencies 1909 121 

Creation of schools 1897 

Diplomas and degrees 1897 

Duty of president 1897 

Fees for assays and other services. .1897 

Government 1897 

Intended to be the State School of 

Mines 1897 

Management 1897 

Object . .1897 

Organization of board 1897 

Powers and duties of boards of 

trustees 1897 

Preparatory department provided. . 1897 
Proceeds of sale or lease of lands 

available for School of Mines. . . .1901 65 
Removal of officers and instructors. 18 97 

Secretary and treasurer 1897 

Tuition 1897 

MINORS — 

Children of habitual drunkard to be 
educated (See Habitual Drunk- 
ard). 

Real estate of 1897 2055 93 

Saloon keepers not to allow minors 

to play games on premises 1897 1268 47 

MINORS, EDUCATION OF — (See 
Guardians and Wards). 

MINORS AND PUPILS IN SCHOOL— 

Copy of laws to be kept posted 1901 3 4 149 

Further penalty for violation of this 

act 1901 -3 6 149 



14 


255 


3592 


116 


3600 


119 


3596 


118 


3603 


119 


3599 


119 


3604 


119 


3594 


117 


3593 


117 


3595 


118 


3598 


119 


3505 


120 


2 


126 


3601 


119 


3597 


118 


3602 


119 



INDEX 3X1 

Laws. Chap. Sec. Page. 

Minors not to engage In games 
around establishments where li- 
quors or tobacco are sold 1901 3 2 148 

Minors not to loiter about nor fre- 
quent saloons nor gambling places.1901 3 3 149 

Penalty for violation of this act. ...1901 3 5* 149 

Unlawful to sell or give intoxicating 

liquors or tobacco to minors 1901 3 1 148 

MONEY — 

Arising from sale of lands by Boards 
of Education of school districts, 
how applied 1897 1608 85 

Arising from sale or lease of com- 
mon lands to go to public schools. 1897 2178 94 

Belonging to any_ current year can 
not be used to pay debts contract- 
ed for previous year or years. ...1897 42 299 21 

Collected or that should be collected 
from Rolls for county purposes, 
except special assessments to con- 
stitute fund for next current year.1897 304 23 

From leasing school sections or lieu 
lands to be credited to school 
fund. Fine. Statement to Supt. 
of Public Instruction. Apportion- 
ment to counties and then appor- 
tioned 1907 104 31 218 

Remaining after paying valid and 
void indebtedness from money be- 
longing to the year in which in- 
debtedness was contracted to be 
conveyed into the fund for the 
next succeeding current year.... 1897 42 303 2'.i 

Separate accounts of moneys from 
lands for schools, and educational 
institutions 

MONTH, SCHOOLi — (See School Day 
and Month). 

MUSEUM OF NEW MEXICO — 

Appropriation for; when available, 

etc 1909 4 8 223 

Board of Regents; personnel of; ap- 
pointment; oath, duties; to re- 
ceive no compensation; Secretary 



312 INDEX 

Laws. Chap. Sec. Page. 

and Treasurer to be elected and 
give bond; approval of bond; au- 
diting of accounts; quorum; rules; 
vacancies 1909 4 4 221 

Board of Regents to equip building, 
etc., tor occupancy; funds to be 
provided by Territory not to ex- 
ceed $3,000 1909 4 6 222 

Board of Regents to make annual 
report. Museum and all property 
of New Mexico 1909 4 .9 223 

Bui4dings and grounds set aside for; 

description 1909 4 3 221 

Buildings to retain external appear- 
ance as nearly as possible 1909 ' 4 f 223 

Director of School of American 
Archaeology to be director of Mu- 
seum of New Mexico; no compen- 
sation from New Mexico 1909 4 5 222 

Historical Society of New Mexico; 

rooms provided for, etc 1909 4 3 223 

Museum of New Mexico established; 

location; management, etc 1909 4 1 220 



N 

NATIONALITY — (See Race or Nationality). 
NATURAL GUARDIAN — (See Guardian). 

NORMAL SCHOOLS — 

Changes title to "New Mexico Nor- 
mal University" 1899 18 1 123 

Compensation of regents 1897 3657 123 

Department for Manual Training 
and a kindergarten training 
school 1899 18 2 124 

Duties of president, secretary, treas- 
urer 1897 3656 123 

Location of 1897 3651 120 

Lands Granted by Congress to be 
divided equally between the Nor- 
mal University and the Normal 
School 1901 6.5 1 125 



7 


124 


3654 


122 


3650 


120 


1 


124 



INDEX 313 

Laws. Chap: Sec. Page. 

Organization and qualifications of 

regents 1897 3653 121 

Powers of Regents 1897 3655 122 

Provides for reimbursing of sub- 
scriptions for the completion of 
Normal School buildings at Las 
Vegas 1899 18 

Quarterly meeting of regents 1897 

Normal Schools established 18 97 

To be non-sectarian 1899 18 

Separate account of raioney from 

land ,..1899 74 7 145 

To conduct Training School. Re- 
strictions 1909 121? 2 11 

To pay railroad fare of students. . . .1909 121 2 

NORMAIj school, SPANISH-AMERICAN — 

Appropriation for, etc 1909 97 1 236 

Course of instruction. Graduates to 
sign obligation to teach. When 
excused. Qualifications of scholar. 1909 97 3 237 

Management and control. Powers of 

trustees 1909 97 2 237 

New Mexico Spanish-American Nor- 
mal School created. Object. Lo- 
cation 1909 97 4 237 







OATHS — 

OiTicial, of members of boards of 

education. Filing of 1897 1901 81 

OATH AND BOND — 

Of county superintendent 1907 97 19 210 

OBSTRUCTION OF STREETS — 

Illegal. Fine 1897 

All Fines to go to county school 

funds 1897 

Justices of Peace to clear. Fine for 

failing 1897 

OFFICERS, CITY AND TOWN — (See 
City and Town Officers). 



2677 


95 


2679 


96 


2678 


96 



3 


.172 


2 


172 


1 


172 



314 IND^X 

Laws. Chap. Sec. Page. 

OFFICERS, COUNTY — (See County 
Officers). 

OPIUM OR HOP JOINT — 

Fine for conducting, half to go to 

common school fund 1897 1265 47 

ORGANIZATION OF SCHOOL DI- 
RECTORS — (See Directors). 

ORPHAN'S CHILDREN'S HOME — 

Appropriation. Tax levy by auditor. 190 3 6 

Buildings may be used for school 

purposes 1903 6 

Orphan Childrens' Home, creation, 

location 1903 6 

ORPHANS AND POOR CHILDREN — 

Adoption of children by adult per- 
sons or by institutions 1897 

Justices of peace to report orphan 
children 1897 

Probate court to examine into con- 
dition of orphans 18 97 

ORPHANS' HOME AND INDUSTRIAL 
SCHOOL— 

Board of supervisors 1897 

Children, how provided for 1897 

Control, how provided for 1897 

Expenses, how paid 1897 

How constituted. Legal designation. 1897 

Orphan children to be placed in 
families. Expenses, limited. Pro- 
viso 1897 1622 87 



P 

PARENTS 

Unable or neglecting to support and 

educate children 1897 1482 57 

PARENTS OR GUARDIANS — 

Unable to buy books, etc., to be as- 
sisted by directors through county 
superintendent 1897 - 1555 70 



1496 


58 


1472 


55 


1479 


56 



1618 


86 


1620 


87 


1619 


86 


1621 


87 


1617 


86 



INDEX 



315 



Laws. Chap. Sec. Page. 

To be compelled to send children to 

school 1897 1555 ^q 

PAYMENT OF BONDS— (See Re- 
demption). 

PAY— 

Members of Boards of Education 

not to receive 1897 1572 77 

PRESIDENT — 

Of Board of Education, duties 1897 1573 77 

PENALTY — 

For abstracting, destroying, mutil- 
ating, or defacing Probate Clerk's 
file of county newspapers, a fine 
not to exceed $500. Half to go 
to county school fund 1897 771 42 

For allowing minors to play games 
on saloon premises (See Pines). 

For burning schools (See Crimes and 
Offenses). 

For carrying firearms (See Weap- 
ons). 

For County Commissioners, City 
Council, Town Trustees, Boards 
of Education, etc., violating pro- 
visions forbidding the contracting 
of debts in excess of the funds 
collected for the current year. ...1897 42 299 21 

For cutting, taking or destroying 

timber on school lands 1903 81 l 175 

For failure of authorities in institu- 
tions receiving aid from territorial 
treasury to account for money... 1901 48 3 I6I 

For failure of collector to turn over 

money 1897 1540 64 

For failure of county superintendent 

to make annual report 1897 1528 60 

For failure of parents, guardians, 

etc., to send children to school. ..1897 1555 70 

For failure of school director to 
make a complete report to the 
county superintendent 1897 1535 63 

For failure of school director to call 
election. Fine to go to School 
Fund 1897 1532 61 



316 INDEX 

Laws. Chap. Sec. Page. 

For failure of school officers to- ex- 
pend proceeds from Territorial 
Common School Bond issue ac- 
cording to law 1909 7 18 230 

For failure of school officers to per- 
form all duties imposed under and 
by virtue of the law 1909 121 12 250 

For failure of school officers to pay 

teachers according to law 1907 97 26 215 

For failure of teacher to make re- 
port to county superintendent. .. 1897 1536 63 

For failure to account for county 

money by officers 1897 686 40 

For failure to make proper use of 
surplus fund for construction of 
school buildings 1903 37 , 1^ 176 

For failure to pay fines collected for 
violation of penal laws into county 
treasury or to make separate re- 
ports 1897 1548 67 

For illegally issuing certificates of 
exemption to firemen, fine to go 
to treasury of school fund 1897 1764 90 

For neglect of duty by probate clerk. 1897 769 . 41 

For occupying or trying to deprive 
others of the free use of public 
lands. Fine to be paid to school 
fund 1897 . 1298 48 

For refusal of school officers to en- 
force provision as to protecting 
children's health by requiring cer- 
tificates of teachers 1901 43 6 155 

For refusing to receive pupils on the 

ground of race or nationality .... 1897 1556 ' 71 

For Sabbath breaking (See Fines). 

For school officer paying money to ' 

teachers not legally qualified. ... 1907 97 8 205 

For selling, drinking or using liquor 
on election day. Half of fine to 
go to school fund 1897 1273 47 

For speculating in evidence of in- 
debtedness by county officers. ... 1897 405 34 

For speculating in evidence of in- 
debtedness by county officers. ... 1897 406 35 



INDEX ' 




817 


Laws. Chap. 


Sec. 


Page. 


nt 1897 


407 


35 



For threatening or interfering with 
county surveyors, not less than $5. 
Nor more than $100 to go to 
county school fund 1897 791 42 

PERlVnTS TO TEACH — 

To be issued by Territorial superin- 
tendent or county superintendent. 
Restrictions 1907 97 4 202 

PHYSIOLOGY AND HYGIENE-r- 

To be taught with special reference 
to effects of alcoholic drinks and 
narcotics on the human system. 
U. S. Statutes 362 1 4 

Teaching to be enforced, U. S. Stat- 
utes 362 2 5 

Penalty for failing to enforce U. S. 

Statutes ^. 362 2 5 

POLL TAX — 

Act effective May 1, 1907 1907 96 3 198 

Amount. List to be made out by 
clerk. Compensation. Clerk to 
bring suit. No property exempt. 
To be paid in county treasury for 
benefit of district 1897 1549 68 

Collection of (As amended 1905).. 1897 1549,1550 68 

Compensation of clerk for collect- 
ing 1907 1549 68 

District clerks, duty of concerning. .1897 1549, 1550 68 

Employers to furnish list of persons 
liable to. To pay amount due and 
due and deduct from wages of em- 
ployee 1907 96 1 197 

Lists of persons liable to be posted 

on first Monday in February 1897 1550 69 

List of persons liable to be reported 
to county clerk and to county su- 
perintendent with amount col- 
lected, from whom collected and 
names of delinquents 1897 1550 69 

Penalty for employer refusing to 
furnish list of employes. Fine to 
go to school fund 1907 96 2 198 



318 INDEX 

Laws. Chap. Sec. Page. 

PORTALES — 

Commissioner of Public Lands to 

sell school section to, Proceed to 

go to common school fund 1S09 106 8 ■ 244 

Said school section to be handled 

for benefit of common schools of 

town 1909 106 9 244 

PRINCIPALS — 

Of towns to make full report to 

county superintendent 1903 119 8 186 

PRINTING — (See School Laws). 

PRIVATE CHARTERS — 

Not to be granted, but incorporation 
of college, etc. permitted. U. S. 
Statutes .' 818 5 7 

PRIVATE SCHOOLS — 

Children attending to go to public 
schools unless private or denom- 
ination schools are equal to public 
schools 1909 121 1 247 

PROBATE CLERK — 

To receive ballots cast in election for 
school director in case of a con- 
test 1897 1532 61 

PROBATE COURTS— 

May direct guardians to spend a 
specified sum on education of 
ward 1897 1447 54 

To examine into condition of or- 
phans 1897 1479 56 

To apprentice children of parents 
unable to support or educate 
them ..1897 1482 57 

PROBATE JUDGE — 

To guard, support, and educate 

minor children 1897 2055 93 

PROPERTY — . 

Exempt from school taxes 1897 1560 67 

None exempt from execution in suits 

for collection of poll tax 1897 - 1549 68 





319 


!C. 


Page. 


1600 


82 


1583 


79 


27 


216 


1592 


82 


25 


214 


1578 


78 



INDEX 

Laws. Chap. 

May be transferred to school dis- 
tricts '. 1897 

Of schools in city and town exempt 
from taxation 1897 

Presented to educational institutions 
or common schools to be properly 
administered. Proviso 1907 97 

Previous transfers in school districts 
legalized 1897 

Subject to 3 mill levy, sinking fund, 

bond levy, and special levy 1907 97 

Subject to taxation in city and town. 18 9 7 

PRO RATA— 

Officers and creditors having claims 
against Boards of Education, etc. 
to be paid pro rata and quarterly, 
when funds of current year are in- 
sufficient 1897 42 301 22 

PUBtilC MEETINGS — 

By religious, political, literary, 
scientific, mechanical, agricul- 
tural and industrial societies 1897 1533 62 

PUBLIC HEALTH — (See Health). 

PUBLIC LANDS — (See Land, Public). 

PUBLIC SCHOOLS — (See Schools, Pubhc). 



Q 

QUALIFICATIONS OF COUNTY SUPERINTENDENT — (See County 
Superintendent). 

QUALIFICATIONS OF MEMBERS OF BOARDS OF EDUCATION — 

(See Cities and Town Boards of Education). 

QUALIFICATIONS OF aiEMBERS OF BOARDS OF REGENTS— (See 

University of New Mexico). 

QUALIFICATIONS OI' MEMBERS OF TERRITORIAL BOARD OF 
EDUCATION — (See Board of Education, Territorial). 



320 INDEX 

Laws. Chap. Sec. Page. 

QUALiIFICATIONS OF SCHOOIj DIIlEfJTORS — (See Directors). 
QUALIFICATIONS OF TEACHERS — (See Teachers). 
QUALIFICATIONS OF VOTERS— (See Voters). 



R 

RACE OR NATIONALITY — 

No bar to attending school 1897 1556 71 

REAL ESTATE — 

Condemnation of land for school 
house site 1897 

May be acquired by school district 
not to exceed one acre 1897 

Belonging to " organization of liter- 
ary, scientific, religious and char- 
itable character not to be sold. . .1897 

May be held by Boards of Educa- 
tion 1897 

REAL ESTATE OF MINORS— 

No person to convey property with- 
out providing for legitimate child- 
ren 1897 2055a 93 

Probate judge may act in such 

cases 1897 2055b 93 

RECORDS AND REPORTS — (See 
Reports). 

RECOVERIES — (See Forfeitures). 

REDEMPTION OF — 

Bonds issued in lieu of execution for 

indebtedness, 1897 1897 42 296 19 

Bonds issued in 1905 to pay indebt- 
edness of Boards of Education 

and directors 1905 74 4 195 

Bonds, County Commissioners to 

levy annual tax to pay interest 

and redemption of bonds issued 

under Funding /.ct 1893 1897 ^ 323 26 

Bonds, provisions for in city and 

town ........1897 - -1587 80 



1553 


70 


1552 


69 


466 


39 


1565 


74 



2 


6, 7 


167 


2 


10 


169 


2 


12 


170 


2 


11 


169 


2 


6 


167 



INDEX 321 

Laws. Chap. Sec. Page. 

REFORM SCHOOL — 

Act of Congress, June 21, 1898, ap- 
plies to 1903 2 5 167 

Board of Trustees to manage. Ap- 
pointment and term of office. Du- 
ties and powers. Qualification. .. 1903 

Confinement in, cause for 1903 

Creation and location of 1903 

Inmates to perform useful labor... 1903 

Secretary and Treasurer to file bond. 1903 

REFUNDING — (See ndebtedness Ma- 
tured). 

REGENTS — (See Board of Regents). 

( 

RELIGIOUS MEETINGS — 

Authorized to be granted by school 

directors 1897 1533 62 

RELIGIOUS CORPORATIONS— 

, May not acquire more than $50,000 
worth of real estate. U. S. Stat- 
utes 189 8 

RELIGIOUS ASSOCIATIONS — (See 
Corporations). 

REMITTING FINES, PENALTIES, 

FORFEITURES — 

Special Legislation forbidden, U. S. 

Statutes 818 1 6 

RENTS AND TOLLS — , 

Of water works in disincorporated 

towns, part to go to public schools.1897 2^11 95 

REPORT — 

To be made by teacher to county ^ 

superintendent 1897 1536 63 

Of district financially and otherwise 
to be made annually to county su- 
perintendent 1897 1535 63 

To be made by county superintend- 
ent on or before October 15th, an- 
nually 1907 99 1 59 



322 iND^x 

Laws. Chap. . Sec. Page. 

To give Information concerning 
ber of districts, pupils, teachers, 
term, money, raised by taxes, sal- 
aries, etc 1907 99 1 59 

To be made annually by Superin- 
tendent of Public Instruction. .. .1907 97 14 208 

Of schools by county superintendent 
and heads of educational institu- 
tions to be preserved in office of 
Supt. of Public Instruction 1907 97 12 207 

Of boards of education, copy to be 
furnished to county and Terri- 
torial superintendents 1897 1580 78 

REPORTS, STATISTICAL — 

' To be made by school units to county 
superintendent and by county su- 
perintendents to the Superintend- 
ent of Public Instruction and by 
Superintendent of Public Instruc- 
tion to Governor 1907 97 24 213 

RESERVE — (See Forest Reserve). 

RULES FOR SELECTION OF LIEU 
LANDS— 

U. S. statutes 384 2276 la 



s 

SABBATH OBSERVANCE — 

Attorney General and District At- 
torneys to prosecute Sabbath 
breakers 18 97 1374 50 

Certain la»{5ors permissible on Sun- 
day 1897 1370 50 

Definition of Sunday 1897 1372 50 

Fines for infraction of Sunday law 

to go to public school fund 1897 1369 49 

Sunday sports, public meetings and 
exhibition, except for religious 
worship prohibited 1897 1368 49 

SALARY— 

Of officers to be reduced if funds for 

current year are insufficient. ... .1897. 42 300 21 



.-6 


179 


5 


182 


1 


179 


6 


182 


1 


179 


4 


182 


3 


181 



.JNDj:x 323 

Laws. Chap. Sec. Page, 

praised. Momeny how applied. 
Of county superintendents 1905 60 5 192 

SANTA FE — 

Board of Education empowered to 
provide for the erection of a Pub- 
lic School building 1903 97 

Board of education to provide 

grounds, material and labor 1903 97 

Bond issue to erect school buildings. 

Form and rate of interest 1903 97 

Donation of land 1903 97 

Election for Bond issue 1903 97 

Material and labor to be furnished 

by penitentiary. Proviso 1903 97 

Sale of bonds 1903 97 . 

Special tax levy to pay interest on 

bonds 1903 97 2 181 

SCHOLASTIC YEAR — (See Year, 
Scholastic). 

SCHOOLS — 

In municipalities free. Exceptions. 18 9 7 

Lands to be withdrawn from market. 

Leasing. Proviso 1907 97 

Property presented to be carefully 
administered according to wish of 
donor 1907 97 

Special legislation forbidden in man- 
agement of. U. S. Statutes. ..... 818 

SCHOOL BOAHD — (See Directors or 
Boards of Education). 

SCHOOL BUILDINGS, INSURANCE 

OF — (See Insurance). 

SCHOOL DA YAND MONTH — 

Definition 1897 1557 72 

SCHOOL DIRECTORS — (See Directors). 
SCHOOL DISTRICTS — (See Districts). 

SCHOOL FUND, CITY AND TOWN — 

Apportionment of county school 

fund. How made 1903 119 . . IB . 188 



1562 


72 


28 


216 


27 


216 


1 


6 



324 INDEX 

Laws. Chap. Sec. Page. 

Apportionment of moneys from for- 
est reserves 1909 119 3 246 

Apportionment of moneys for Com- 
mon Schools 1899 74 7 145 

Fines for failure of employes to 

comply with poll tax provision. ..1907 96 2 198 

Fines for illegally issuing certificates 
of exemption from poll tax to fire- 
men 1897 1764 90 

Fines for maintaining opium or hop 
joint , 1897 

Fines for Sabbath breaking 1897 

Fines for saloon keepers allowing 
minors to play games on premises.189 7 

Fines for selling, using or giving li- 
quor on election day 1897 

Fines for violation of provisions con- 
cerning vaccination 1901 17 

Fines for violation of provisions con- 
cerning vaccination 1903 103 

Fines for violation of gambling law. 19 07 64 

Local Levy 1907 97 

Moneys remaining in the hands of 
treasurer after redemption of 
bonds issued by Act of 1897 1897 297 20 

Moneys arising from the sale of 
lands belonging to Board of Edu- 
cation to be used for erecting and 
furnishing school buildings 1897 1608 85 

Money from sale or lease of common 

lands 1897 2178 94 

Poll Tax 1897 1549,1550 68 

Proceeds from rents or tolls of 
water works in disincorporated 
municipalities 1897 2511 95 

Taxes collected 1897 1577, 1578 77 

Tax levy for support of schools. . . .1901 27 3 151 

Sinking Fund for redemption of 

lands 1897 1587 80 

Surplus from collection of previous 

year 1897 302 22 

SCHOOL FUND, COUNTY — 

Apportionment of moneys received 

from forest reserves 1909119 3 246 

Apportionment of 1903 119 15 188 

Apportionment of money from lands 



1265 


47 


1369 


49 


1269 


47 


1273 


47' 


26 


150 


29 


184 


4 


197 


25 


214 



INDEX 325 

Laws. Chap. Sec. Page. 

reserved for Common Schools. . . .1899 74 ' 7 145 

Apportionm.ent of money from leas- 
ing of school sections or lieu 
lands 1907 104 31 218 

Apportionment of Territorial 3 mill 

levy .' 1907 97 25 214 

Balances remaining in expense fund 
of the Commissioner of Public 
Lands 1909 106 . 5 241 

Delinquent taxes for certain years.. 1909 57 1 234 

Fine by officer delivering liquor li- 
cense before tax is paid ...1897 4125 97 

Fines for abusing private roads or 

opening fences 1897 1867 92 

Pines for avoiding payment of tolls. 1897 1867 92 

Fines for giving or selling liquor or 
tobacco to minors or allowing 
minors to be in or about places 
where liquor or tobacco are for 
sale 19 01 3 5 )4i) 

Fines for illegally occupying or try- 
ing to deprive others of the free 
use of public lands 1897 1298 48 

Fines paid by persons abstraeting, 
destroying or mutilating Probate 
Clerk's file of county newspapers. 1897 771 42 

Fines paid by persons threatening or 
interfering with county surveyor 
in performance of official duties. .1897 .791 42 

Fines paid by probate clerks for 
failing to preserve copies of 
county newspapers for free refer- 
ence 1897 769 41 

Fine s for turning cattle loose on 

range to go to 1897 129 11 

Fines for violation of laws concern- 
ing firearms and other deadly 
weapons 1897 1389 53 

Fines for violation of provisions con- 
cerning obstruction of streets. ... 1897 2679 96 

Fines for violation of provision re- 
quiring persons who turn stock on 
range already occupied to own 
sufficient living water to be paid 
into 1897 128,129,130 11 

Licenses, liquor and gaming 1901 29 6 

Licenses on certain business 1897 4141 97 



326 . INDEX 

Laws. Chap. Sec. Page. 

Licenses upon real estate and collec- 
tion agents 1897 4142 99 

Insurance agents 1897 4143 99 

Hotel and Restaurant Keepers, Liv- 
ery and feed stables 1897 4144 99 

Pawnbrokers -. 1897 * 4145 100 

Buildings and premises for amuse- 
ment 1897 4146^ 100 

Money collected or that should be 
collected from tax rolls for county 
purposes 1897 305 23 

Proceeds of sale of strays to be paid 

into school fund 1897 176 12 

Surplus from collections of previous 

year 1897 302 22 

Temporary school fund. Proceeds 
of sale of intestate estates. For- 
feitures and Recoveries. Proceeds 
of fines for violation of penal laws. 
Proceeds of sale of lost goods. 
Moneys arising from licenses im- 
posed on all dealers in liquor 1897 1548 > 67 

•SCHOOL FUND, DISTRICT — 

Apportionment of County School 

Fund. How made 1903 119 15 188 

Apportionment of General 3 mill 

levy 1907 97 25 214 

Apportionment of moneys from For- 
est reserves 1909 119 3 246 

Apportionment of moneys from 
lands reserved for common 
schools 1899 74 7 14. 

Apportionment of Territorial 3 mill 
levy 

Bonds for the purpose of erecting 
and completing school houses. 
Election for Redemption 1897 1542 65 

Collection from sale or lease of pub- 
lic lands to be placed to the credit 
of district within 30 days 1897 2178 94 

Division of school funds 1907 97 22 212 

Pine for failure of director to call 

election and post notices therefor. 18 97 1532 61 

Fines for failure of employes to 

comply with poll tax law 1907 &6 ■ 2 198 

Pines for false enumeration 1905 "23 2 190 



INDEX 32 



Laws. Chap. Sec. Page. 

Fines for illegally issuing certificates 
of exemption from poll tax to fire- 
men ....1897 1764 90 

Forfeitures of officers bonds for vio- 
lating provisions concerning use 
of surplus funds 1903 37 5 178 

Fines for maintaining opium or hop 

joint 1897 1265 47 

Fines for Sabbath breaking 1897 1369 49 

Fines for saloon keepers allowing 

minors to play games on premises.18 97 126 9 47 

Fines for selling, using or giving li- 
quor on election day 1897 1273 47 

Fines for violation of gambling law. 1907 64 4 197 

Fines for violation of vaccination 

provisions 1901 17 26. 150 

' Fines for violation of vaccination 

provisions 1903 103 29 184 

Levy, local 1907 97 25 214 

Moneys remaining in hands of treas- 
urer after redemption of bonds is- 
sued by Act of 189 7 1897 297 20 

Moneys arising from sale of lands 
belonging to district to- be used 
for erecting and furnishing a 
school house 1897 

Poll tax collected by district clerks. 1897 

Sinking fund for redemption of 

bonds 1905 74 

Special tax may be made. To be 
collected by county assessor 1897 

Surplus from collections of previous 
year 1897 

Surplus may be used for school 

building on petition 1903 37 

SCHOOL FUND, TERRITORIAL — 

Fine for violation by teachers of pro- 
visions concerning tuberculosis. .. 1903 92 2 157 

General 3 mill levy 1907 97 25 214 

Money from lands reserved for com- 
mon schools. How set aside and 
apportioned 1899 74 7 145 

Moneys from forest reserves 1909 119 3 

SCHOOL FUNDS AND PROPERTY — 

Pledged in payment of interest in 

city and town 1897 1589 81 



1608 


85 


1548, 1550 


68 


4 


195 


1547 


66 


302 


22 


1 


170 



3 


141 


1541, 1542 


65 


113 


45 


1103 


44 


1553 


70 



328 iNDi:x 

Laws. Chap. Sec. Page. 

SCHOOL HOUSES— 

Any person failing to perform duty 

in connection with building school 

houses liable to fine 1899 46 

Bonds for, how voted 1897 

Breaking into and entering, penal- 
ties 1897 

Burning of 1897 

Condemnation of land for 1897 

County superintendent shall have 

power to order school directors 

to submit question of issuing bonds 

for building. Penalty for refusal. 18 99 46 1 140 

County superintendent to order por- 
tion of the school fund to be set 

aside as building fund 1899 46 2 140 

Directors and Boards of Education 

required to provide an dkeep in 

repair. Means of raising funds. . .1907 97 
Directors may use surplus to con- 
struct 1903 37 

Duty of county superintendent in re- 

ard to building 1903 37 

Insurance of 1903 37 

Larceny from 1897 

Levy, local to provide school houses. 19 07 97 

Location of 1897 

May be used for public meetings of 

religious, political, literary, etc. 

societies 1897 1533 62 

Penalty for failure of officers to 

carry out provisions for use of 

surplus fund 1903 37 5 178 

Proviso when surplus not sufficient 

to complete building 1903 37 3 178 

Territorial Common School Bonds 

for building 1909 7 11 227 

Surplus fund, use of 1903 37 1-3 176 

Surplus fund, when available for 

building 1903 37 2 177 

SCHOOL INDEBTEDNESS — (See In- 
debtedness). 

SCHOOL LANDS — (See Lands). 

SCHOOL LAWS — 

Appropriation for compilation and 

printing 1903 2§ 2 175 



25 


214 


1 


176 


2 


177 


4 


178 


1113, 1114 


45 


25 


214 


1552 


69 



iND^x 329 

Laws. Chap. Sec. Page. 

Printed laws to be furnished to the 
County Superintendents and chair- 
man of school directors 1903 28 3 176 

Supt. of Public Instruction to com- 
pile and have printed all school 
laws 1903 28 1 174 

SCHOOL OFFICERS — 

Penalty for failing to perform duties. 19 09 121 12 250 

SCHOOL SECTIONS — (See Lands, 
School). 

SCHOOL sites- 
How situated 1897 1552 69 

SCIENTIFIC SOCIETIES — (See Cor- 
porations). 

SECTARIAN DOCTRINES — 

Not to be tauht in City and Town 

schools 1897 1582 79 

SECTIONS 16 AND 36 — (See Lands). 

SECURITIES — 

On bonds of county officers may be 
examined by county commissioner 
as to sufficiency of bonds 1897 687 41 

SILVER CITY — 

Created independent district 1909 12 2 231 

SINiaNG FUND — 

To be provided after 1907 for pay- 
ment of bonds issued in lieu of 
execution for indebtedness 1897 42 296 19 

Tax levy for in City and Town 1897 . 1587 81 

SISTERS OF CHARITY — 

To have charge of Orphan and Indi- 
gent children (See Orphans' 
Home). 

SITE FOR SCHOOL HOUSE — (See 
Real Estate and School Houses). 

SMALLPOX — 

Duty of School Superintendents. 
Vaccination. Penalty for refusal 
of parents 1903 103^ 29 184 



330 INDEX 

Laws. Chap. Sec. Page. 

SOCIETIES — (See Corporations). 

SPECIAL LEGISLATION — 

Forbidden in certain cases, U. S. 

Statutes 818 1 6 

SPECIAL LEVY — (See Tax, Special). 

SPECIAL TAX — (See Tax, Special). 

STATEMENTS — 

To be made quarterly by county and 

precinct officers 1897 60 12 43 

STATISTICAL REPORTS— (See Re- 
ports, Statistical). 

STRAYS, UNCLAIMED — 

To be sold after due notice and sur- 
plus to be paid into School Fund, 1897 176 12 

STREETS, OBSTRUCTION OF— (See 

Obstruction). 

SUIT— 

Cost, Fundin Act, 18 93 1897 324 29 

Cost of to be divided between de- 
fendant and complainant in cases 
arising under Funding Act, 1893. .189 7 324 29 

SUNDAY — (See Sabbath Observance). 

SUPERINTENDENT, CITY — (See City 
Superintendent). 

SUPERINTENDENT — (See County or 
City Superintendent). 

SUPERINTENDENT OF PUBLIC IN- 
STRUCTION — 

Appointment. Term. Salary. Oath.. 19 07 97 

Apportionment of School Fund 1903 99 

Appropriation for deficiencies 1907 121 

Appropriation, contingent expense .. 19 09 97 

Appropriation Deficiencies 1907 97 

Appropriation Examination of teach- 
ers expenses 1907 97 

Appropriation for 61st and 6 2nd fis- 
cal years 1909 127 



10 


206 


15 




13 




12 


207 


22 


212 


3 


201 


5 


252 



11 


206 


6 


203 


10 


206 



INDEX 331 

Laws. Chap. Sec. Page. 

Assistant, qualifications 1907 97 13 208 

Assistant (See Assistant Supt. of 

Public Instruction). 
County Superintendent, may sus- 
pend, when 1907 97 

Duties as to 1907 97 

Duties 1907 9'^ 

Duty as to managing proceeds of 
territorial common school bond 

issue 1909 7 11 227 

Duty in regard to applicants for po- 
sitions as teachers who are afflict- 
ed with tuberculosis 1903 92 1 15^ 

General supervision. To visit insti- 
tutions. Rural schools. Acting 
through county superintendent. 
Supervision over city, town, and 
village schools, and over official 
school records of any school dis- 
trict. May suspend county sup- 
perintendent and institute pro- 
ceedings for removal 1907 97 11 206 

Location of office. Official Acts 

certified 1907 97 17 209 

May approve of supplementary 

books 1907 97 

Member of Board of Education. ... 1907 97 

Oath 1907 97 

Office, location of 1907 97 

. Penalty for failure to deliver annual 

report 1897 

Permits to teach, temporary may 

grant 1907 97 

Powers, general 1907 97 

Powers and Duties Amended. Re- 
port Annual 1907 97 

. Salary 1907 97 

Summer Normals, — 

Four weeks 1907 97 6 203 

$50 more to be set aside. Power 
to waive normal institutes where 
authorized summer normals are 

held 1907 97 6 203 

Term of office .- 1907 97 10 206 

To act as secretary of Board of Edu- 
cation 1907 97 15 206 



9 


205 


1 


200 


10 


206 


17 


209 



1528 60 



5 


202 


11 


206 


14 


208 


10 


206 



332 INDEX 

Laws. Chap. Sec. Page. 

To advise county superintendent as 
to conduct and management of in- 
stitute 1907 97 6 203 

To apportion income from lands re- 
served for purpose of the common 
schools. When. How 1899 74 

To apportion money derived from 

leasing school sections 16 and 36. .1907 104 

To apportion money from leasing of 

school sections and lieu lands. . . .1907 104 

To approve bond of county treas- 
urer as treasurer of school fund. .1897 
• To approve excuse for non-attend- 
ance at institute 1907 97 

To approve expenditures of joint in- 
stitutes .1907 97 

To approve renewal of county first 

grade certificates 1907 97 ' 

To authorize county superintendents 

to hold joint institutes 1907 97 

To be secretary of Board of Educa- 
tion 1907 97 

To classify counties for fixing sal- 
aries of county superintendents. . 1907 97 

To classify counties 1907 97 

To compile, print and distribute all 

school laws 1903 28 1-3 174 

To countersign all orders for pay- 
ment of money in connection with 
institute 1907 97 6 203 

To enforce act concerning the build- 
ing of school houses 18 9 9 4-6 3 141 

To file and preserve records made 
by county superintendents, heads 
of educational institutions and 
other school authorities 1907 97 12 207 

To furnish blanks, school, law. 

Flag Day program 1907 97 13 208 

To furnish copies of school law to 
county superintendents and chair- 
man of school directors 1903 28 3 175 

To give opinion on any question aris- 
ing out of interpretation of school 



29 


145 


31 


218 


31 


218 


.38 


64 


6 


203 


6 


203 


3 


201 


6 


203 


14 


208 


21 


211 


21 


211 



INDEX 333 

Laws. Chap. Sec. Page. 

laws. May submit question to At- 
torney General 1909 121 6 249 

To grade or cause to be graded ex- 
amination papers of teachers 1907 97 3 201 

To have School Laws printed 1903 28 1 174 

To issue temporary permits to teach- 
ers. Restriction 1907 97 4 202 

To make annual report and publish 
the same. Items to be contained 
in report 1907 97 14 208 

To make apportionment quarterly of 
moneys applicable to common 
schools... ...1899 74 29 145 

To make statistical report to Gov- 
ernor Aug. 15 1907 97 24 213 

To prepare and publish annual re- 
port of all schools in territory 
from reports made by school au- 
thorities 1907 97 14 208 

To print and distribute blanks, 
school laws, and Flag Day pro- 
gram 1907 97 13 208 

To receive bond of county treasurer 

of county school fund 1897 1538 64 

To receive bond of county treasurer 

as treasurer of county school fund.1897 1538 64 

To receive copy of report from heads 
of territorial educational institu- 
tions. Items to be contained in 
reports ,...1903 119 18 188 

To receive report from city schools. . 1907 97 20 210 

To receive report from county su- 
perintendent. Items to be con- 
tained 1907 99 1 59 

To receive statistical reports annu- 
ally from county SLiperintendents 
and heads of educational institu- 
tions. When 1907 947 24 213 

To remove county superintendents 
who fail to remove school officers 
refusing to receive children on ac- 
count of race or nationality 1897 1556 71 

To see that law concerning enforce- 
ment of school building is en- 
forced 1899 46 3 140 

To visit Rural Schools. Traveling 

expenses 1907 97 12 207 



334 INDEX 

Laws. Chap. Sec. Page. 

SURETIES— 

County or district officers not al- 
lowed to' act as sureties for other 
officers 1897 843 43 

SURVEYOR — (See County Surveyor). 



T 

TAX— 

Additional may be levied for sup- 
port of city and town schools. 
When and How 1897 1577 77 

Levy to be made by Directors and 
Boards of Education to provide 
and keep in repair school houses. 
District levy and Proviso. Terri- 
torial levy and Proviso 1907 97 25 214 

TAXATION — 

A sinking fund to be provided by a 
tax levied by county commission- 
ers to pay bonds issued in lieu of 
execution for indebtedness 1897 42 296 19 

TAXES — 

School property in city and town ex- 
empt 1897 1583 79 

Exemptions from 1901 95 8 ■ 159 

TAXES, ASSESSMENT OF — 

No special Legislation allowed, U. S. 

Statutes 818 1 6 

TAXES, COLLECTION OF — 

No special legislation allowed, U. S. 

Statutes 818 1 6 

TAXES, DELINQUENT — 

One-third for certain years to go to 

school fund 1909 57 1 234 

TAX LEVY IN CITY AND TOWN — 

For interest and sinking fund 1897 1587 80 

TAX, LICENSE — (See License). 
TAX, POLL— (See Poll Tax). 



INDEX 335 

Laws. Chap. Sec. Page. 

TAXES, SCHOOIi— 

Property exempt from 1897 1560 72 

Levy of 1907 97 25 214 

TAX, SPECIAL — 

Not to be made until boundaries 

have been established 1897 1547 66 

Account to be kept by collector in 

separate books 1897 1540 64 

TEACHERS — 

County certificates issued by Terri- 
torial Board of Education ..1907 97 3 201 

Directors and Boards of Education 

to raise funds to pay 1907 97 25 214 

Duty as to vaccination 1901 17 26 150 

Holding third grade certificates or 
permits may receive $15.00 from 
territorial treasury for 4 weeks at- 
tendance upon county institute. . 1909 121 5 248 

Liable to fine for refusing to receive 
pupils on account of race or na- 
tionality 1897 1556 71 

Required to teach effects of alco- 
holic drinks and narcotics in con- 
nection with Physiology and Hy- 
giene, U. S. Statutes 362 2 5 

Not to receive certificates except on 
passing satisfactory examination 
in Physiology and Hygiene with 
special reference to alcoholic 
drinks and narcotics, U. S. Stat- 
utes 362 2 5 

Maximum salaries. Proviso as to 
teachers' permits. Provision as to 
pay. Penalty for failure of school 
officers to pay teachers 1907 97 26 215 

Salary not to be deducted on legal 

hohdays 1903 119 20 189 

To be paid monthly unless there are 

no funds available 1901 57 1 158 

To keep record and make reports to 

the county superintendent 1897 1536 63 

Instructors or professors found to 
have tuberculosis may be ex- 
amined by any physician and has 



336 INDEX 

Laws. Chap. Sec. Page, 

right of appeal to Territorial 

Board of Health 1903 92 1 15B 

Instructors and professors may be 

discharged if tuberculosis has 

been contracted 1901 43 5 154 

Instructors and professors required 

to present health certificates 1901 43 2-5 153 

TEACHERS, LEGALLY QUALIFIED — 

• Legal qualifications 1907 97 8 205 

Penalty for paying money to a 

teacher not legally qua,lifled 1907 97 8 20&i 

TERRITORIAL AUDITOR — (See Au- 
ditor). 

TERRITORIAL BOARD OF EDUCA- 
TION — (See Board of Education, 
Territorial). 

TERRITORIAL CERTIFICATES — 

(See Certificates). 

TERRITORIAL INSTITUTIONS — (See 
Institutions). 

TERRITORIAL SUPERINTENDENT — 

(See Supt. of Public Instruction). 

TERRITORIAL TREASURER — 

Shall annually between December 
first and fifteenth present war- 
rants, coupons, etc. paid since last 
were burned 1899 402 34 

Shall present to the Governor and 
auditor all warrants paid by his 
office 1897 401 33 

Shall quarterly publish notices call- 
ing warrants for payment 1897 404 34 

To burn all paid warrants 1897 402 33 

To receive moneys from Public 
Lands for use of institutions and 
objects for which lands .were 
granted 1899 74 29 145 

TEXT BOOKS — 

May be adopted by Territorial Board 

for the territory 1907 97 9 205 



INDEX 337 

Laws. Chap. Sec. Page. 

TIMBER — 

On school sections or territorial 

lands not to be cut 1903 81 1 175 

TOLLS — (See Highways). 

TOWNS — (See Cities and Towns). 

TOWNS, INCORPORATED — 

Not to be subdivided into wards. . . .1897 1567 75 

TOWN — (See City and Town). 

TRANSFER — 

Of property to school districts 1897 1600 82 

Of school property on petition of 

electors 1897 1592 82 

Of unsold parcels of land to Boards 

of Education legalized 1S97 1601 83 

Previous, of property in city and 

town legalized 1897 1592 82 

TREASURER, COUNTY — (See County 
Treasurer). 

TREASURER, SCHOOL— 

Must be able to. read and write 

either English or Spanish 1897 857 43 

TREASURER, CITY AND TOWN— 

(See City or Town Treasurer). 

TREASURER — (See County Treasure- 
or City and Town Treasurer). 

TREASURER, TERRITORIAL — (K(e 

Territorial Treasurer). 

TRUSTEES, BOARDS OF — (See Board 
of Trustees). 

TRUSTEES — 

Board of, in towns may transfer 

property to school districts 1897 1600 82 

TUBERCULOSIS — (See Health Certificate). 



338 INDEX 

Laws. Chap. Sec. Page. 

TUITION — 

Directors and Boards of Education 
may admit non-resident pupils on 
payment of. Amount of school 
tax to be credited on 1907 97 29 210 



u 



UNIFORM TEXT BOOKS — 

Not to be changed for four years. 

Penalty for violating provisions. . 1907 97 9 205 

UNIVERSITY OF NEW MEXICO— 

Appropriation for deficiencies 1909 27 

Board of regents to have control. ... 1897 

Buildings, when completed, may be 
purchased 1897 

Commissioners report to legislature. 189 7 

Commissioner to select lands. 18 97 

Commissioner to act 1897 

Creation and location of 1897 

Departments to be established 1897 

Erectio nof buildings 18 97 

Faculties to have charge of depart- 
ments 1897 

Intended for State University 1897 

Meetings, quorum 1897 

Objects 1897 

Open to children of all residents. . . .1897 

Organization, secretary to give bond.1897 

President; his duties 1897 

Regents may lease part of Univer- 
sity ground 1897 3583 113 

Regents may contract for payment 
of rent 1897 

Regents to make rules, etc 1897 

Separate account of all moneys from 
land reserved for University to be 
kept by land commissioners 1899 74 

Sub-division and filing 1897 

Surveyed lands, to claim 1897 

Territory not liable 1897 

Terms of office of regents 1897 

To be body corporate 1897 



14 




3571 


111 


3585 


114 


3591 


115 


3587 


114 


3588 


114 


3568 


110 


3577 


112 


3582 


113 


3578 


113 


3569 


110 


3581 


113 


3570 


111 


3579 


113 


3574 


112 


3573 


112 



3584 


113 


3576 


113 


7 


145 


3589 


114 


3590 


115 


3586 


114 


3572 


111 


3573 


112 



17 


26 


150 


103 


30 


185 


103 


31 


185 


17 


27 





INDEX 339 

JLaws. Chap. Sec. Page. 

To be non-sectarian 1897 3580 118 

U. S. STATUTES — 

Require teaching Physiology with 
reference to Alcoholic drinks and 
Narcotics 362 1-3 4 



V 

VACANCIES — 

On Boards of Education, how filled. 189T 1568 75 

VACCINATION— 

Children to be vaccinated 1903 103 • 29 184 

County Superintendent to enforce. 

Penalty .*1901 

Expense may be borne by district. .1903 

Of adults. Refusal. Penalty 1903 

Provision for payment 1901 

VACCINE MATTER — 

To be provided at cost of county, 
Municipal corporation, "• Board of 
Education, or School Trustees. .. 1903 103 31 185 

VICE-PRESIDENT — 

Of Board of Education, duties 1897 1574 77 

VOID INDEBTEDNESS— 

To remain valid to receive money 
belonging to year in which debt 
was contracted, which money shall 
be distributed pro rata 1897 42 302 22 

Money remaining after void indebt- 
edness is paid shall be converted 
into the fund for the next current 
year 1897 42 302 22 

VOTERS — 

Citizens otherwise qualified are not 

to be barred from voting at any 

election because of race, color or 

previous condition of servitude, 

U. S. Revised Statutes 2004 8 

Qualified to vote on levy for school 

purposes 1907 97 25 214 



403 


34 


400 


33 


405 


34 



340 INDEX 

Laws. Chap. Sec. Page. 

Qualified voters in district 1897 1532 61 

' Qualified to vote for bonds 1897 1542 65 



w 

WAGES, TEACHERS — (See Teachers). 
WARDS — (See Guardians and Wards). 

WARRANTS— 

Annual presentation of paid war- 
rants by treasurer 1S97 

Claimants must prove loss or de- 
struction and file bond . . . .' .18 97 

County Officers not to speculate on 
county or territorial indebtedness. 1897 

County warran.ts, drafts, checks or 
orders, if lost or destroyed, may 
be duplicated 1897 399 32 

Duplicated, territorial or county 
warrants, drafts, checks, etc. , if 
lost may be duplicated 1897 399 32 

For school districts to be paid only 
when signed by two of the direc- 
tors and endorsed by county su- 
perintendent 1897 . 1536 C3 

Holders of warrants issued by the 
county superintendents prior to 

Feb. 26, 1891, may taring suit to ' ' 

adjust and determine the same. 
Funding Act, 1893 1897 

How county shall be described in 
suit and process served 1897 

Issue of bonds to satisfy warrant 

holders obtaining judgment 1897 

Form of bond 1897 

Costs of suit 1897 

May unite as plaintiff in suit 18 97 

Proceeding, the same as ordinary 
chancery cases 1897 

Quarterly call of warrants for pay- 
ment 1897 



319 


24 


321 


22 


323 


2G 


323 


26 


324 


28 


320 


22 


322 


22 


404 


34 



INDEX 341 

Laws. Chap. Sec. Page. 

Territorial Treasurer to present to 
the Governor and Auditor all war- 
rants paid by his office 1897 401 33 

Treasurer to burn all warrants in the 

presence of Governor and Auditor.1897 402 33 

WATER WORKS IN DISINCORPO- 
RATED TOWNS — 

Part of rents and tolls to go to pub- 
lic schools 1897 2511 95 

WEAPONS, DEADLY — 

Armed persons insulting or assault- 
ing others 1897 

Assaulting with deadly weapons. . . .1897 

Drawing, flourishing or discharging 
firearms in public places . .'. 1897 

Fines collected under this act to go 
to School Fund 1897 

Hotel, saloon and dance hall keep- 
ers to post notice 1897 

Meaning of deadly weapons 18 97 

Persons carrying deadly weapons, 
except by legal authority, liable to 
fine and imprisonment 1897 

Persons drawing deadly weapons on 
others 1897 

Travelers may carry arms for per- 
sonal protection 1897 



YEAR, CURRENT — 

^Expense for current year to be paid 
out of money belonging to that 
year 1897 42 299 21 

The current year shall begin in Jan- 
uary first and end on the last day 
of December except board of edu- 
cation shall begin on the first day 
of September and end on the last 
day of August 1897 42 304 23 

YEAR, SCHOLASTIC — 

For all schools and institutions of all 

kinds to end June loth 1907 97 24 213 



1381 


52 


1479 


52 


1380 


52 


1389 


53 


1386 


53 


1383 


52 


1377 


50 


1378 


51 


1384 


52 



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